Congressional Record, Volume 156 Issue 133 (Wednesday, September 29, 2010)

[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[House]
[Pages H7342-H7361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2010

Mr. GORDON of Tennessee. Mr. Speaker, I move to suspend the rules and
pass the bill (S. 3729) to authorize the programs of the National
Aeronautics and Space Administration for fiscal years 2011 through
2013, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 3729

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of
2010''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Fiscal year 2011.
Sec. 102. Fiscal year 2012.
Sec. 103. Fiscal year 2013.

TITLE II--POLICY, GOALS, AND OBJECTIVES FOR HUMAN SPACE FLIGHT AND
EXPLORATION

Sec. 201. United States human space flight policy.
Sec. 202. Goals and objectives.
Sec. 203. Assurance of core capabilities.
Sec. 204. Independent study on human exploration of space.

TITLE III--EXPANSION OF HUMAN SPACE FLIGHT BEYOND THE INTERNATIONAL
SPACE STATION AND LOW-EARTH ORBIT

Sec. 301. Human space flight beyond low-Earth orbit.
Sec. 302. Space Launch System as follow-on launch vehicle to the Space
Shuttle.
Sec. 303. Multi-purpose crew vehicle.
Sec. 304. Utilization of existing workforce and assets in development
of Space Launch System and multi-purpose crew vehicle.
Sec. 305. NASA launch support and infrastructure modernization program.
Sec. 306. Report on effects of transition to Space Launch System on the
solid and liquid rocket motor industrial bases.
Sec. 307. Sense of Congress on other technology and robotic elements in
human space flight and exploration.
Sec. 308. Development of technologies and in-space capabilities for
beyond near-Earth space missions.
Sec. 309. Report requirement.

TITLE IV--DEVELOPMENT AND USE OF COMMERCIAL CREW AND CARGO
TRANSPORTATION CAPABILITIES

Sec. 401. Commercial Cargo Development program.
Sec. 402. Commercial Crew Development program.
Sec. 403. Requirements applicable to development of commercial crew
transportation capabilities and services.
Sec. 404. Report on International Space Station cargo return
capability.

TITLE V--CONTINUATION, SUPPORT, AND EVOLUTION OF THE INTERNATIONAL
SPACE STATION

Sec. 501. Continuation of the International Space Station through 2020.
Sec. 502. Maximum utilization of the International Space Station.
Sec. 503. Maintenance of the United States segment and assurance of
continued operations of the International Space Station.
Sec. 504. Management of the ISS national laboratory.

TITLE VI--SPACE SHUTTLE RETIREMENT AND TRANSITION

Sec. 601. Sense of Congress on the Space Shuttle program.
Sec. 602. Retirement of Space Shuttle orbiters and transition of Space
Shuttle program.
Sec. 603. Disposition of orbiter vehicles.

TITLE VII--EARTH SCIENCE

Sec. 701. Sense of Congress.
Sec. 702. Interagency collaboration implementation approach.
Sec. 703. Transitioning experimental research to operations.
Sec. 704. Decadal survey missions implementation for Earth observation.
Sec. 705. Expansion of Earth science applications.
Sec. 706. Instrument test-beds and venture class missions.
Sec. 707. Sense of Congress on NPOESS follow-on program.

TITLE VIII--SPACE SCIENCE

Sec. 801. Technology development.
Sec. 802. Suborbital research activities.
Sec. 803. Overall science portfolio-sense of the Congress.
Sec. 804. In-space servicing.
Sec. 805. Decadal results.
Sec. 806. On-going restoration of radioisotope thermoelectric generator
material production.
Sec. 807. Collaboration with ESMD and SOMD on robotic missions.
Sec. 808. Near-Earth object survey and policy with respect to threats
posed.
Sec. 809. Space weather.

TITLE IX--AERONAUTICS AND SPACE TECHNOLOGY

Sec. 901. Sense of Congress.
Sec. 902. Aeronautics research goals.
Sec. 903. Research collaboration.
Sec. 904. Goal for agency space technology.
Sec. 905. Implementation plan for agency space technology.
Sec. 906. National space technology policy.
Sec. 907. Commercial reusable suborbital research program.

TITLE X--EDUCATION

Sec. 1001. Report on education implementation outcomes.
Sec. 1002. Sense of Congress on the Experimental Program to Stimulate
Competitive Research.
Sec. 1003. Science, technology, engineering, and mathematics commercial
orbital platform program.

TITLE XI--RESCOPING AND REVITALIZING INSTITUTIONAL CAPABILITIES

Sec. 1101. Sense of Congress.
Sec. 1102. Institutional requirements study.
Sec. 1103. NASA capabilities study requirement.
Sec. 1104. Sense of Congress on community transition support.
Sec. 1105. Workforce stabilization and critical skills preservation.

TITLE XII--OTHER MATTERS

Sec. 1201. Report on space traffic management.
Sec. 1202. National and international orbital debris mitigation.
Sec. 1203. Reports on program and cost assessment and control
assessment.

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Sec. 1204. Eligibility for service of individual currently serving as
Administrator of NASA.
Sec. 1205. Sense of Congress on independent verification and validation
of NASA software.
Sec. 1206. Counterfeit parts.
Sec. 1207. Information security.
Sec. 1208. National Center for Human Performance.
Sec. 1209. Enhanced-use Leasing.
Sec. 1210. Sense of Congress concerning the Stennis Space Center.

TITLE XIII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010

Sec. 1301. Compliance provision.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) The United States human space flight program has, since
the first Mercury flight on May 5, 1961, been a source of
pride and inspiration for the Nation.
(2) The establishment of and commitment to human
exploration goals is essential for providing the necessary
long term focus and programmatic consistency and robustness
of the United States civilian space program.
(3) The National Aeronautics and Space Administration is
and should remain a multi-mission agency with a balanced and
robust set of core missions in science, aeronautics, and
human space flight and exploration.
(4) In the 50 years since the establishment of NASA, the
arena of space has evolved substantially. As the uses and
users of space continue to expand, the issues and operations
in the regions closest to Earth have become increasingly
complex, with a growing number of overlaps between civil,
commercial and national security activities. These
developments present opportunities and challenges to the
space activities of NASA and the United States.
(5) The extraordinary challenges of achieving access to
space both motivated and accelerated the development of
technologies and industrial capabilities that have had
widespread applications which have contributed to the
technological excellence of the United States. It is
essential to tie space activity to human challenges ranging
from enhancing the influence, relationships, security,
economic development, and commerce of the United States to
improving the overall human condition.
(6) It is essential to the economic well-being of the
United States that the aerospace industrial capacity, highly
skilled workforce, and embedded expertise remain engaged in
demanding, challenging, and exciting efforts that ensure
United States leadership in space exploration and related
activities.
(7) Crewmembers provide the essential component to ensure
the return on investment from and the growth and safe
operation of the ISS. The Russian Soyuz vehicle has allowed
continued human presence on the ISS for United States
crewmembers with its ability to serve as both a routine and
backup capability for crew delivery, rescue, and return. With
the impending retirement of the Space Shuttle, the United
States will find itself with no national crew delivery and
return system. Without any other system, the United States
and all the ISS partners will have no redundant system for
human access to and from the ISS. It is therefore essential
that a United States capability be developed as soon as
possible.
(8) Existing and emerging United States commercial launch
capabilities and emerging launch capabilities offer the
potential for providing crew support assets. New capabilities
for human crew access to the ISS should be developed in a
manner that ensures ISS mission assurance and safety.
Commercial services offer the potential to broaden the
availability and access to space at lower costs.
(9) While commercial transportation systems have the
promise to contribute valuable services, it is in the United
States national interest to maintain a government operated
space transportation system for crew and cargo delivery to
space.
(10) Congress restates its commitment, expressed in the
National Aeronautics and Space Administration Authorization
Act of 2005 (Public Law 109-155) and the National Aeronautics
and Space Administration Authorization Act of 2008 (Public
Law 110-422), to the development of commercially developed
launch and delivery systems to the ISS for crew and cargo
missions. Congress reaffirms that NASA shall make use of
United States commercially provided ISS crew transfer and
crew rescue services to the maximum extent practicable.
(11) It is critical to identify an appropriate combination
of NASA and related United States Government programs, while
providing a framework that allows partnering, leveraging and
stimulation of the existing and emerging commercial and
international efforts in both near Earth space and the
regions beyond.
(12) The designation of the United States segment of the
ISS as a National Laboratory, as provided by the National
Aeronautics and Space Administration Authorization Act of
2005 and the National Aeronautics and Space Administration
Authorization Act of 2008, provides an opportunity for
multiple United States Government agencies, university-based
researchers, research organizations, and others to utilize
the unique environment of microgravity for fundamental
scientific research and potential economic development.
(13) For some potential replacement elements necessary for
ISS sustainability, the Space Shuttle may represent the only
vehicle, existing or planned, capable of carrying those
elements to the ISS in the near term. Additional or
alternative transportation capabilities must be identified as
contingency delivery options, and accompanied by an
independent analysis of projected availability of such
capabilities.
(14) The United States must develop, as rapidly as
possible, replacement vehicles capable of providing both
human and cargo launch capability to low-Earth orbit and to
destinations beyond low-Earth orbit.
(15) There is a need for national space and export control
policies that protect the national security of the United
States while also enabling the United States and its
aerospace industry to undertake cooperative programs in
science and human space flight in an effective and efficient
manner and to compete effectively in the global market place.

SEC. 3. DEFINITIONS.

In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Science of the House of
Representatives.
(3) Cis-lunar space.--The term ``cis-lunar space'' means
the region of space from the Earth out to and including the
region around the surface of the Moon.
(4) Deep space.--The term ``deep space'' means the region
of space beyond cis-lunar space.
(5) ISS.--The term ``ISS'' means the International Space
Station.
(6) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(7) Near-earth space.--The term ``near-Earth space'' means
the region of space that includes low-Earth orbit and extends
out to and includes geo-synchronous orbit.
(8) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(9) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
(10) Space launch system.--The term ``Space Launch System''
means the follow-on government-owned civil launch system
developed, managed, and operated by NASA to serve as a key
component to expand human presence beyond low-Earth orbit.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. FISCAL YEAR 2011.

There are authorized to be appropriated to NASA for fiscal
year 2011, $19,000,000,000, as follows:
(1) For Exploration, $3,868,000,000, of which--
(A) $1,120,000,000 shall be for a multi-purpose crew
vehicle, and associated program and other necessary support;
(B) $1,631,000,000 shall be for Space Launch System and
associated program and other necessary support;
(C) $250,000,000 shall be for Exploration Technology
Development;
(D) $155,000,000 shall be for Human Research;
(E) $300,000,000 shall be for Commercial Cargo;
(F) $312,000,000 shall be for Commercial Crew Development
activities and studies related to commercial crew services;
and
(G) $100,000,000 shall be for Robotic Precursor Studies and
Instruments.
(2) For Space Operations, $5,508,500,000, of which--
(A) $2,779,800,000 shall be for the ISS program;
(B) $1,609,700,000 shall be for Space Shuttle, to support
Space Shuttle flight operations and related activities; and
(C) $1,119,000,000 for Space and Flight Services, of which
$428,600,000 shall be directed toward NASA launch support and
infrastructure modernization program.
(3) For Science, $5,005,600,000, of which--
(A) $1,801,800,000 shall be for Earth Sciences;
(B) $1,485,700,000 shall be for Planetary Science;
(C) $1,076,300,000 shall be for Astrophysics; and
(D) $641,900,000 shall be for Heliophysics.
(4) For Aeronautics, $929,600,000, of which--
(A) $579,600,000 shall be for Aeronautics Research; and
(B) $350,000,000 shall be for Space Technology.
(5) For Education, $145,800,000, of which--
(A) $25,000,000 shall be for the Experimental Program to
Stimulate Competitive Research; and
(B) $45,600,000 shall be for the Space Grant program.
(6) For Cross-Agency Support Programs, $3,111,400,000.
(7) For Construction and Environmental Compliance and
Restoration, $394,300,000.
(8) For Inspector General, $37,000,000.

SEC. 102. FISCAL YEAR 2012.

There are authorized to be appropriated to NASA for fiscal
year 2012, $19,450,000,000, as follows:
(1) For Exploration, $5,252,300,000, of which--

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(A) $1,400,000,000 shall be for a multi-purpose crew
vehicle and associated program and other necessary support;
(B) $2,650,000,000 shall be for Space Launch System and
associated program and other necessary support;
(C) $437,300,000 shall be for Exploration Technology
Development;
(D) $165,000,000 shall be for Human Research;
(E) $500,000,000 shall be for commercial crew capabilities;
and
(F) $100,000,000 shall be for Robotic Precursor Instruments
and Low-Cost Missions.
(2) For Space Operations, $4,141,500,000, of which--
(A) $2,952,250,000 shall be for the ISS operations and
crew/cargo support; and
(B) $1,189,250,000 shall be for Space and Flight Services,
of which $500,000,000 shall be directed toward the NASA
launch support and infrastructure modernization program.
(3) For Science, $5,248,600,000, of which--
(A) $1,944,500,000 shall be for Earth Sciences;
(B) $1,547,200,000 shall be for Planetary Science;
(C) $1,109,300,000 shall be for Astrophysics; and
(D) $647,600,000 shall be for Heliophysics.
(4) For Aeronautics, $1,070,600,000, of which--
(A) $584,700,000 shall be for Aeronautics Research; and
(B) $486,000,000 shall be for Space Technology.
(5) For Education, $145,800,000, of which--
(A) $25,000,000 shall be for the Experimental Program to
Stimulate Competitive Research; and
(B) $45,600,000 shall be for the Space Grant program.
(6) For Cross-Agency Support Programs, $3,189,600,000.
(7) For Construction and Environmental Compliance and
Restoration, $363,800,000.
(8) For Inspector General, $37,800,000.

SEC. 103. FISCAL YEAR 2013.

There are authorized to be appropriated to NASA for fiscal
year 2013, $19,960,000,000, as follows:
(1) For Exploration, $5,264,000,000, of which--
(A) $1,400,000,000 shall be for a multi-purpose crew
vehicle and associated program and other necessary support;
(B) $2,640,000,000 shall be for Space Launch System and
associated program and other necessary support;
(C) $449,000,000 shall be for Exploration Technology
Development;
(D) $175,000,000 shall be for Human Research;
(E) $500,000,000 shall be for commercial crew capabilities;
and
(F) $100,000,000 shall be for Robotic Precursor Instruments
and Low-Cost Missions.
(2) For Space Operations, $4,253,300,000, of which--
(A) $3,129,400,000 shall be for the ISS operations and
crew/cargo support; and
(B) $1,123,900,000 shall be for Space and Flight Services,
of which $400,000,000 shall be directed toward the NASA
launch support and infrastructure modernization program.
(3) For Science, $5,509,600,000, of which--
(A) $2,089,500,000 shall be for Earth Sciences;
(B) $1,591,200,000 shall be for Planetary Science;
(C) $1,149,100,000 shall be for Astrophysics; and
(D) $679,800,000 shall be for Heliophysics.
(4) For Aeronautics, $1,105,000,000, of which--
(A) $590,000,000 shall be for Aeronautics Research; and
(B) $515,000,000 shall be for Space Technology.
(5) For Education, $145,700,000, of which--
(A) $25,000,000 shall be for the Experimental Program to
Stimulate Competitive Research; and
(B) $45,600,000 shall be for the Space Grant program.
(6) For Cross-Agency Support Programs, $3,276,800,000.
(7) For Construction and Environmental Compliance and
Restoration, $366,900,000.
(8) For Inspector General, $38,700,000.

TITLE II--POLICY, GOALS, AND OBJECTIVES FOR HUMAN SPACE FLIGHT AND
EXPLORATION

SEC. 201. UNITED STATES HUMAN SPACE FLIGHT POLICY.

(a) Use of Non-United States Human Space Flight
Transportation Capabilities.--It is the policy of the United
States that reliance upon and use of non-United States human
space flight capabilities shall be undertaken only as a
contingency in circumstances where no United States-owned and
operated human space flight capability is available,
operational, and certified for flight by appropriate Federal
agencies.
(b) United States Human Space Flight Capabilities.--
Congress reaffirms the policy stated in section 501(a) of the
National Aeronautics and Space Administration Authorization
Act of 2005 (42 U.S.C. 16761(a)), that the United States
shall maintain an uninterrupted capability for human space
flight and operations in low-Earth orbit, and beyond, as an
essential instrument of national security and of the capacity
to ensure continued United States participation and
leadership in the exploration and utilization of space.

SEC. 202. GOALS AND OBJECTIVES.

(a) Long Term Goal.--The long term goal of the human space
flight and exploration efforts of NASA shall be to expand
permanent human presence beyond low-Earth orbit and to do so,
where practical, in a manner involving international
partners.
(b) Key Objectives.--The key objectives of the United
States for human expansion into space shall be--
(1) to sustain the capability for long-duration presence in
low-Earth orbit, initially through continuation of the ISS
and full utilization of the United States segment of the ISS
as a National Laboratory, and through assisting and enabling
an expanded commercial presence in, and access to, low-Earth
orbit, as elements of a low-Earth orbit infrastructure;
(2) to determine if humans can live in an extended manner
in space with decreasing reliance on Earth, starting with
utilization of low-Earth orbit infrastructure, to identify
potential roles that space resources such as energy and
materials may play, to meet national and global needs and
challenges, such as potential cataclysmic threats, and to
explore the viability of and lay the foundation for
sustainable economic activities in space;
(3) to maximize the role that human exploration of space
can play in advancing overall knowledge of the universe,
supporting United States national and economic security and
the United States global competitive posture, and inspiring
young people in their educational pursuits; and
(4) to build upon the cooperative and mutually beneficial
framework established by the ISS partnership agreements and
experience in developing and undertaking programs and meeting
objectives designed to realize the goal of human space flight
set forth in subsection (a).

SEC. 203. ASSURANCE OF CORE CAPABILITIES.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the ISS, technology developments, the current Space
Shuttle program, and follow-on transportation systems
authorized by this Act form the foundation of initial
capabilities for missions beyond low-Earth orbit to a variety
of lunar and Lagrangian orbital locations; and
(2) these initial missions and related capabilities should
be utilized to provide operational experience, technology
development, and the placement and assured use of in-space
infrastructure and in-space servicing of existing and future
assets.
(b) Space Shuttle Capability Assurance.--
(1) Development of follow-on space transportation
systems.--The Administrator shall proceed with the
development of follow-on space transportation systems in a
manner that ensures that the national capability to restart
and fly Space Shuttle missions can be initiated if required
by the Congress, in an Act enacted after the date of
enactment of this Act, or by a Presidential determination
transmitted to the Congress, before the last Space Shuttle
mission authorized by this Act is completed.
(2) Required actions.--In carrying out the requirement in
paragraph (1), the Administrator shall authorize
refurbishment of the manufactured external tank of the Space
Shuttle, designated as ET-94, and take all actions necessary
to enable its readiness for use in the Space Launch System
development as a critical skills and capability retention
effort or for test purposes, while preserving the ability to
use this tank if needed for an ISS contingency if deemed
necessary under paragraph (1).

SEC. 204. INDEPENDENT STUDY ON HUMAN EXPLORATION OF SPACE.

(a) In General.--In fiscal year 2012 the Administrator
shall contract with the National Academies for a review of
the goals, core capabilities, and direction of human space
flight, using the goals set forth in the National Aeronautics
and Space Act of 1958, the National Aeronautics and Space
Administration Authorization Act of 2005, and the National
Aeronautics and Space Administration Authorization Act of
2008, the goals set forth in this Act, and goals set forth in
any existing statement of space policy issued by the
President.
(b) Elements.--The review shall include--
(1) a broad spectrum of participation with representatives
of a range of disciplines, backgrounds, and generations,
including civil, commercial, international, scientific, and
national security interests;
(2) input from NASA's international partner discussions and
NASA's Human Exploration Framework Team;
(3) an examination of the relationship of national goals to
foundational capabilities, robotic activities, technologies,
and missions authorized by this Act;
(4) a review and prioritization of scientific, engineering,
economic, and social science questions to be addressed by
human space exploration to improve the overall human
condition; and
(5) findings and recommendations for fiscal years 2014
through 2023.

TITLE III--EXPANSION OF HUMAN SPACE FLIGHT BEYOND THE INTERNATIONAL
SPACE STATION AND LOW-EARTH ORBIT

SEC. 301. HUMAN SPACE FLIGHT BEYOND LOW-EARTH ORBIT.

(a) Findings.--Congress makes the following findings:
(1) The extension of the human presence from low-Earth
orbit to other regions of space beyond low-Earth orbit will
enable missions to the surface of the Moon and missions to
deep space destinations such as near-Earth asteroids and
Mars.
(2) The regions of cis-lunar space are accessible to other
national and commercial

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launch capabilities, and such access raises a host of
national security concerns and economic implications that
international human space endeavors can help to address.
(3) The ability to support human missions in regions beyond
low-Earth orbit and on the surface of the Moon can also drive
developments in emerging areas of space infrastructure and
technology.
(4) Developments in space infrastructure and technology can
stimulate and enable increased space applications, such as
in-space servicing, propellant resupply and transfer, and in
situ resource utilization, and open opportunities for
additional users of space, whether national, commercial, or
international.
(5) A long term objective for human exploration of space
should be the eventual international exploration of Mars.
(6) Future international missions beyond low-Earth orbit
should be designed to incorporate capability development and
availability, affordability, and international contributions.
(7) Human space flight and future exploration beyond low-
Earth orbit should be based around a pay-as-you-go approach.
Requirements in new launch and crew systems authorized in
this Act should be scaled to the minimum necessary to meet
the core national mission capability needed to conduct cis-
lunar missions. These initial missions, along with the
development of new technologies and in-space capabilities can
form the foundation for missions to other destinations. These
initial missions also should provide operational experience
prior to the further human expansion into space.
(b) Report on International Collaboration.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a report on
the following assets and capabilities:
(A) Any effort by NASA to expand and ensure effective
international collaboration on the ISS.
(B) The efforts of NASA, including its approach and
progress, in defining near-term, cis-lunar space human
missions.
(2) NASA contributions.--In preparing the report required
by paragraph (1), the Administrator shall assume that NASA
will contribute to the efforts described in that paragraph
the following:
(A) A Space Launch System.
(B) A multi-purpose crew vehicle.
(C) Such other technology elements the Administrator may
consider appropriate, and which the Administrator shall
specifically identify in the report.

SEC. 302. SPACE LAUNCH SYSTEM AS FOLLOW-ON LAUNCH VEHICLE TO
THE SPACE SHUTTLE.

(a) United States Policy.--It is the policy of the United
States that NASA develop a Space Launch System as a follow-on
to the Space Shuttle that can access cis-lunar space and the
regions of space beyond low-Earth orbit in order to enable
the United States to participate in global efforts to access
and develop this increasingly strategic region.
(b) Initiation of Development.--
(1) In general.--The Administrator shall, as soon as
practicable after the date of the enactment of this Act,
initiate development of a Space Launch System meeting the
minimum capabilities requirements specified in subsection
(c).
(2) Modification of current contracts.--In order to limit
NASA's termination liability costs and support critical
capabilities, the Administrator shall, to the extent
practicable, extend or modify existing vehicle development
and associated contracts necessary to meet the requirements
in paragraph (1), including contracts for ground testing of
solid rocket motors, if necessary, to ensure their
availability for development of the Space Launch System.
(c) Minimum Capability Requirements.--
(1) In general.--The Space Launch System developed pursuant
to subsection (b) shall be designed to have, at a minimum,
the following:
(A) The initial capability of the core elements, without an
upper stage, of lifting payloads weighing between 70 tons and
100 tons into low-Earth orbit in preparation for transit for
missions beyond low-Earth orbit.
(B) The capability to carry an integrated upper Earth
departure stage bringing the total lift capability of the
Space Launch System to 130 tons or more.
(C) The capability to lift the multipurpose crew vehicle.
(D) The capability to serve as a backup system for
supplying and supporting ISS cargo requirements or crew
delivery requirements not otherwise met by available
commercial or partner-supplied vehicles.
(2) Flexibility.--The Space Launch System shall be designed
from inception as a fully-integrated vehicle capable of
carrying a total payload of 130 tons or more into low-Earth
orbit in preparation for transit for missions beyond low-
Earth orbit. The Space Launch System shall, to the extent
practicable, incorporate capabilities for evolutionary growth
to carry heavier payloads. Developmental work and testing of
the core elements and the upper stage should proceed in
parallel subject to appropriations. Priority should be placed
on the core elements with the goal for operational capability
for the core elements not later than December 31, 2016.
(3) Transition needs.--The Administrator shall ensure
critical skills and capabilities are retained, modified, and
developed, as appropriate, in areas related to solid and
liquid engines, large diameter fuel tanks, rocket propulsion,
and other ground test capabilities for an effective
transition to the follow-on Space Launch System.
(4) The capacity for efficient and timely evolution,
including the incorporation of new technologies, competition
of sub-elements, and commercial operations.

SEC. 303. MULTI-PURPOSE CREW VEHICLE.

(a) Initiation of Development.--
(1) In general.--The Administrator shall continue the
development of a multi-purpose crew vehicle to be available
as soon as practicable, and no later than for use with the
Space Launch System. The vehicle shall continue to advance
development of the human safety features, designs, and
systems in the Orion project.
(2) Goal for operational capability.--It shall be the goal
to achieve full operational capability for the transportation
vehicle developed pursuant to this subsection by not later
than December 31, 2016. For purposes of meeting such goal,
the Administrator may undertake a test of the transportation
vehicle at the ISS before that date.
(b) Minimum Capability Requirements.--The multi-purpose
crew vehicle developed pursuant to subsection (a) shall be
designed to have, at a minimum, the following:
(1) The capability to serve as the primary crew vehicle for
missions beyond low-Earth orbit.
(2) The capability to conduct regular in-space operations,
such as rendezvous, docking, and extra-vehicular activities,
in conjunction with payloads delivered by the Space Launch
System developed pursuant to section 302, or other vehicles,
in preparation for missions beyond low-Earth orbit or
servicing of assets described in section 804, or other assets
in cis-lunar space.
(3) The capability to provide an alternative means of
delivery of crew and cargo to the ISS, in the event other
vehicles, whether commercial vehicles or partner-supplied
vehicles, are unable to perform that function.
(4) The capacity for efficient and timely evolution,
including the incorporation of new technologies, competition
of sub-elements, and commercial operations.

SEC. 304. UTILIZATION OF EXISTING WORKFORCE AND ASSETS IN
DEVELOPMENT OF SPACE LAUNCH SYSTEM AND MULTI-
PURPOSE CREW VEHICLE.

(a) In General.--In developing the Space Launch System
pursuant to section 302 and the multi-purpose crew vehicle
pursuant to section 303, the Administrator shall, to the
extent practicable utilize--
(1) existing contracts, investments, workforce, industrial
base, and capabilities from the Space Shuttle and Orion and
Ares 1 projects, including--
(A) space-suit development activities for application to,
and coordinated development of, a multi-purpose crew vehicle
suit and associated life-support requirements with potential
development of standard NASA-certified suit and life support
systems for use in alternative commercially-developed crew
transportation systems; and
(B) Space Shuttle-derived components and Ares 1 components
that use existing United States propulsion systems, including
liquid fuel engines, external tank or tank-related
capability, and solid rocket motor engines; and
(2) associated testing facilities, either in being or under
construction as of the date of enactment of this Act.
(b) Discharge of Requirements.--In meeting the requirements
of subsection (a), the Administrator--
(1) shall, to the extent practicable, utilize ground-based
manufacturing capability, ground testing activities, launch
and operations infrastructure, and workforce expertise;
(2) shall, to the extent practicable, minimize the
modification and development of ground infrastructure and
maximize the utilization of existing software, vehicle, and
mission operations processes;
(3) shall complete construction and activation of the A-3
test stand with a completion goal of September 30, 2013;
(4) may procure, develop, and flight test applicable
components; and
(5) shall take appropriate actions to ensure timely and
cost-effective development of the Space Launch System and the
multi-purpose crew vehicle, including the use of a
procurement approach that incorporates adequate and effective
oversight, the facilitation of contractor efficiencies, and
the stream-lining of contract and procurement requirements.

SEC. 305. NASA LAUNCH SUPPORT AND INFRASTRUCTURE
MODERNIZATION PROGRAM.

(a) In General.--The Administrator shall carry out a
program the primary purpose of which is to prepare
infrastructure at the Kennedy Space Center that is needed to
enable processing and launch of the Space Launch System.
Vehicle interfaces and other ground processing and payload
integration areas should be simplified to minimize overall
costs, enhance safety, and complement the purpose of this
section.
(b) Elements.--The program required by this section shall
include--
(1) investments to improve civil and national security
operations at the Kennedy Space Center, to enhance the
overall capabilities of the Center, and to reduce the long
term cost of operations and maintenance;
(2) measures to provide multi-vehicle support, improvements
in payload processing,

[[Page H7346]]

and partnering at the Kennedy Space Center; and
(3) such other measures, including investments to improve
launch infrastructure at NASA flight facilities scheduled to
launch cargo to the ISS under the commercial orbital
transportation services program as the Administrator may
consider appropriate.
(c) Report on NASA Launch Support and Infrastructure
Modernization Program.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a report on
the plan for the implementation of the NASA launch support
and infrastructure modernization program.
(2) Elements.--The report required by this subsection shall
include--
(A) a description of the ground infrastructure plan tied to
the Space Launch System and potential ground investment
activities at other NASA centers related to supporting the
development of the Space Launch System;
(B) a description of proposed initiatives intended to be
conducted jointly or in cooperation with Cape Canaveral Air
Force Station, Florida, or other installations or components
of the United States Government; and
(C) a description of plans to use funds authorized to be
appropriated by this Act to improve non-NASA facilities,
which plans shall include a business plan outlining the
nature and scope of investments planned by other parties.

SEC. 306. REPORT ON EFFECTS OF TRANSITION TO SPACE LAUNCH
SYSTEM ON THE SOLID AND LIQUID ROCKET MOTOR
INDUSTRIAL BASES.

(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Administrator shall
submit to Congress a report setting forth an assessment,
prepared by the Administrator, in consultation with the
Secretary of Defense and the Secretary of Commerce, of the
effects of the retirement of the Space Shuttle, and of the
transition to the Space Launch System developed pursuant to
section 302, on the solid rocket motor industrial base and
the liquid rocket motor industrial base in the United States.
(b) Matters To Be Addressed.--In preparing the assessment
required by subsection (a), the Administrator shall address
the following:
(1) The effects of efficiencies and efforts to stream-line
the industrial bases referred to in subsection (a) for
support of civil, military, and commercial users.
(2) The extent to which the United States is reliant on
non-United States systems, including foreign rocket motors
and foreign launch vehicles.
(3) Such other matters as the Administrator, in
consultation with the Secretary of Defense and the Secretary
of Commerce, may consider appropriate.

SEC. 307. SENSE OF CONGRESS ON OTHER TECHNOLOGY AND ROBOTIC
ELEMENTS IN HUMAN SPACE FLIGHT AND EXPLORATION.

It is the sense of Congress that a balance is needed in
human space flight between using and building upon existing
capabilities and investing in and enabling new capabilities.
Technology development provides the potential to develop an
increased ability to operate and extend human presence in
space, while at the same time enhance the nation's economic
development and aid in addressing challenges here on Earth.
Additionally, the establishment of in-space capabilities, use
of space resources, and the ability to repair and reuse
systems in space can contribute to the overall goals of
extending human presence in space in an international manner,
consistent with section 301(a).

SEC. 308. DEVELOPMENT OF TECHNOLOGIES AND IN-SPACE
CAPABILITIES FOR BEYOND NEAR-EARTH SPACE
MISSIONS.

(a) Development Authorized.--The Administrator may initiate
activities to develop the following:
(1) Technologies identified as necessary elements of
missions beyond low-Earth orbit.
(2) In-space capabilities such as refueling and storage
technology, orbital transfer stages, innovative in-space
propulsion technology, communications, and data management
that facilitate a broad range of users (including military
and commercial) and applications defining the architecture
and design of such missions.
(3) Spacesuit development and associated life support
technology.
(4) Flagship missions.
(b) Investments.--In developing technologies and
capabilities under subsection (a), the Administrator may make
investments--
(1) in space technologies such as advanced propulsion,
propellant depots, in situ resource utilization, and robotic
payloads or capabilities that enable human missions beyond
low-Earth orbit ultimately leading to Mars;
(2) in a space-based transfer vehicle including these
technologies with an ability to conduct space-based
operations that provide capabilities--
(A) to integrate with the Space Launch System and other
space-based systems;
(B) to provide opportunities for in-space servicing of and
delivery to multiple space-based platforms; and
(C) to facilitate international efforts to expand human
presence to deep space destinations;
(3) in advanced life support technologies and capabilities;
(4) in technologies and capabilities relating to in-space
power, propulsion, and energy systems;
(5) in technologies and capabilities relating to in-space
propellant transfer and storage;
(6) in technologies and capabilities relating to in situ
resource utilization; and
(7) in expanded research to understand the greatest
biological impediments to human deep space missions,
especially the radiation challenge.
(c) Utilization of ISS as Testbed.--The Administrator may
utilize the ISS as a testbed for any technology or capability
developed under subsection (a) in a manner consistent with
the provisions of this Act.
(d) Coordination.--The Administrator shall coordinate
development of technologies and capabilities under this
section through an overall agency technology approach, as
authorized by section 905 of this Act.

SEC. 309. REPORT REQUIREMENT.

Within 90 days after the date of enactment of this Act, or
upon completion of reference designs for the Space Launch
System and Multi-purpose Crew Vehicle authorized by this Act,
whichever occurs first, the Administrator shall provide a
detailed report to the appropriate committees of Congress
that provides an overall description of the reference vehicle
design, the assumptions, description, data, and analysis of
the systems trades and resolution process, justification of
trade decisions, the design factors which implement the
essential system and vehicle capability requirements
established by this Act, the explanation and justification of
any deviations from those requirements, the plan for
utilization of existing contracts, civil service and contract
workforce, supporting infrastructure utilization and
modifications, and procurement strategy to expedite
development activities through modification of existing
contract vehicles, and the schedule of design and development
milestones and related schedules leading to the
accomplishment of operational goals established by this Act.
The Administrator shall provide an update of this report as
part of the President's annual Budget Request.

TITLE IV--DEVELOPMENT AND USE OF COMMERCIAL CREW AND CARGO
TRANSPORTATION CAPABILITIES

SEC. 401. COMMERCIAL CARGO DEVELOPMENT PROGRAM.

The Administrator shall continue to support the existing
Commercial Orbital Transportation Services program, aimed at
enabling the commercial space industry in support of NASA to
develop reliable means of launching cargo and supplies to the
ISS throughout the duration of the facility's operation. The
Administrator may apply funds towards the reduction of risk
to the timely start of these services, specifically--
(1) efforts to conduct a flight test;
(2) accelerate development; and
(3) develop the ground infrastructure needed for commercial
cargo capability.

SEC. 402. COMMERCIAL CREW DEVELOPMENT PROGRAM.

(a) Continuation of Program During Fiscal Year 2011.--The
Administrator shall continue, and may expand the number of
participants and the activities of, the Commercial Crew
Development (CCDEV) program in fiscal year 2011, subject to
the provisions of this title.
(b) Continuation of Activities and Agreements of Fiscal
Year 2010.--In carrying out subsection (a), the Administrator
may continue or expand activities and agreements initiated in
fiscal year 2010 that reduce risk, develop technologies, and
lead to other advancements that will help determine the most
effective and efficient means of advancing the development of
commercial crew services.

SEC. 403. REQUIREMENTS APPLICABLE TO DEVELOPMENT OF
COMMERCIAL CREW TRANSPORTATION CAPABILITIES AND
SERVICES.

(a) FY 2011 Contracts and Procurement Agreements.--
(1) In general.--Except as provided in paragraph (2), the
Administrator may not execute a contract or procurement
agreement with respect to follow-on commercial crew services
during fiscal year 2011.
(2) Exception.--Notwithstanding paragraph (1), the
Administrator may execute a contract or procurement agreement
with respect to follow-on commercial crew services during
fiscal year 2011 if--
(A) the requirements of paragraphs (1), (2), and (3) of
subsection (b) are met; and
(B) the total amount involved for all such contracts and
procurement agreements executed during fiscal year 2011 does
not exceed $50,000,000 for fiscal year 2011.
(b) Support.--The Administrator may, beginning in fiscal
year 2012 through the duration of the program, support
follow-on commercially-developed crew transportation systems
dependent upon the completion of each of the following:
(1) Human rating requirements.--Not later than 60 days
after the date of the enactment of this Act, the
Administrator shall develop and make available to the public
detailed human rating processes and requirements to guide the
design of commercially-developed crew transportation
capabilities, which requirements shall be at least equivalent
to proven requirements for crew transportation in use as of
the date of the enactment of this Act.
(2) Commercial market assessment.--Not later than 180 days
after the date of the enactment of this Act, the
Administrator shall submit to the appropriate committees of

[[Page H7347]]

Congress an assessment, conducted, in coordination with the
Federal Aviation Administration's Office of Commercial Space
Transportation, for purposes of this paragraph, of the
potential non-Government market for commercially-developed
crew and cargo transportation systems and capabilities,
including an assessment of the activities associated with
potential private sector utilization of the ISS research and
technology development capabilities and other potential
activities in low-Earth orbit.
(3) Procurement system review.--The Administrator shall
review current Government procurement and acquisition
practices and processes, including agreement authorities
under the National Aeronautics and Space Act of 1958, to
determine the most cost-effective means of procuring
commercial crew transportation capabilities and related
services in a manner that ensures appropriate accountability,
transparency, and maximum efficiency in the procurement of
such capabilities and services, which review shall include an
identification of proposed measures to address risk
management and means of indemnification of commercial
providers of such capabilities and services, and measures for
quality control, safety oversight, and the application of
Federal oversight processes within the jurisdiction of other
Federal agencies. A description of the proposed procurement
process and justification of the proposed procurement for its
selection shall be included in any proposed initiation of
procurement activity for commercially-developed crew
transportation capabilities and services and shall be subject
to review by the appropriate committees of Congress before
the initiation of any competitive process to procure such
capabilities or services. In support of the review by such
committees, the Comptroller General shall undertake an
assessment of the proposed procurement process and provide a
report to the appropriate committees of Congress within 90
days after the date on which the Administrator provides the
description and justification to such committees.
(4) Use of government-supplied capabilities and
infrastructure.--In evaluating any proposed development
activity for commercially-developed crew or cargo launch
capabilities, the Administrator shall identify the
anticipated contribution of government personnel, expertise,
technologies, and infrastructure to be utilized in support of
design, development, or operations of such capabilities. This
assessment shall include a clear delineation of the full
requirements for the commercial crew service (including the
contingency for crew rescue). The Administrator shall include
details and associated costs of such support as part of any
proposed development initiative for the procurement of
commercially-developed crew or cargo launch capabilities or
services.
(5) Flight demonstration and readiness requirements.--The
Administrator shall establish appropriate milestones and
minimum performance objectives to be achieved before
authority is granted to proceed to the procurement of
commercially-developed crew transportation capabilities or
systems. The guidelines shall include a procedure to provide
independent assurance of flight safety and flight readiness
before the authorization of United States government
personnel to participate as crew onboard any commercial
launch vehicle developed pursuant to this section.
(6) Commercial crew rescue capabilities.--The provision of
a commercial capability to provide ISS crew services shall
include crew rescue requirements, and shall be undertaken
through the procurement process initiated in conformance with
this section. In the event such development is initiated, the
Administrator shall make available any relevant government-
owned intellectual property deriving from the development of
a multi-purpose crew vehicle authorized by this Act to
commercial entities involved with such crew rescue capability
development which shall be relevant to the design of a crew
rescue capability. In addition, the Administrator shall seek
to ensure that contracts for development of the multi-purpose
crew vehicle contain provisions for the licensing of relevant
intellectual property to participating commercial providers
of any crew rescue capability development undertaken pursuant
to this section. If one or more contractors involved with
development of the multi-purpose crew vehicle seek to compete
in development of a commercial crew service with crew rescue
capability, separate legislative authority must be enacted to
enable the Administrator to provide funding for any
modifications of the multi-purpose crew vehicle necessary to
fulfill the ISS crew rescue function.

SEC. 404. REPORT ON INTERNATIONAL SPACE STATION CARGO RETURN
CAPABILITY.

Not later than 120 days after the date of the enactment of
this Act, the Administrator shall submit to the appropriate
committees of Congress a report on potential alternative
commercially-developed means for the capability for a soft-
landing return on land from the ISS of--
(1) research samples or other derivative materials; and
(2) small to mid-sized (up to 1,000 kilograms) equipment
for return and analysis, or for refurbishment and redelivery,
to the ISS.

TITLE V--CONTINUATION, SUPPORT, AND EVOLUTION OF THE INTERNATIONAL
SPACE STATION

SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION
THROUGH 2020.

(a) Policy of the United States.--It shall be the policy of
the United States, in consultation with its international
partners in the ISS program, to support full and complete
utilization of the ISS through at least 2020.
(b) NASA Actions.--In furtherance of the policy set forth
in subsection (a), NASA shall pursue international,
commercial, and intragovernmental means to maximize ISS
logistics supply, maintenance, and operational capabilities,
reduce risks to ISS systems sustainability, and offset and
minimize United States operations costs relating to the ISS.

SEC. 502. MAXIMUM UTILIZATION OF THE INTERNATIONAL SPACE
STATION.

(a) In General.--With assembly of the ISS complete, NASA
shall take steps to maximize the productivity and use of the
ISS with respect to scientific and technological research and
development, advancement of space exploration, and
international collaboration.
(b) NASA Actions.--In carrying out subsection (a), NASA
shall, at a minimum, undertake the following:
(1) Innovative use of u.s. segment.--The United States
segment of the ISS, which has been designated as a National
Laboratory, shall be developed, managed and utilized in a
manner that enables the effective and innovative use of such
facility, as provided in section 504.
(2) International cooperation.--The ISS shall continue to
be utilized as a key component of international efforts to
build missions and capabilities that further the development
of a human presence beyond near-Earth space and advance
United States security and economic goals. The Administrator
shall actively seek ways to encourage and enable the use of
ISS capabilities to support these efforts.
(3) Domestic collaboration.--The operations, management,
and utilization of the ISS shall be conducted in a manner
that provides opportunities for collaboration with other
research programs and objectives of the United States
Government in cooperation with commercial suppliers, users,
and developers.

SEC. 503. MAINTENANCE OF THE UNITED STATES SEGMENT AND
ASSURANCE OF CONTINUED OPERATIONS OF THE
INTERNATIONAL SPACE STATION.

(a) In General.--The Administrator shall take all actions
necessary to ensure the safe and effective operation,
maintenance, and maximum utilization of the United States
segment of the ISS through at least September 30, 2020.
(b) Vehicle and Component Review.--
(1) In general.--In carrying out subsection (a), the
Administrator shall, as soon as is practicable after the date
of the enactment of this Act, carry out a comprehensive
assessment of the essential modules, operational systems and
components, structural elements, and permanent scientific
equipment on board or planned for delivery and installation
aboard the ISS, including both United States and
international partner elements, for purposes of identifying
the spare or replacement modules, systems and components,
elements, and equipment that are required to ensure complete,
effective, and safe functioning and full scientific
utilization of the ISS through September 30, 2020.
(2) Data.--In carrying out the assessment, the
Administrator shall assemble any existing data, and provide
for the development of any data or analysis not currently
available, that is necessary for purposes of the assessment.
(c) Reports.--
(1) Report on assessment.--
(A) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the
assessment required by subsection (b).
(B) Elements.--The report required by this paragraph shall
include, at minimum, the following:
(i) A description of the spare or replacement modules,
systems and components, elements, and equipment identified
pursuant to the assessment that are currently produced, in
inventory, or on order, a description of the state of their
readiness, and a schedule for their delivery to the ISS
(including the planned transportation means for such
delivery), including for each such module, system or
component, element, or equipment a description of--

(I) its specifications, including size, weight, and
necessary configuration for launch and delivery to the ISS;
(II) its function;
(III) its location; and
(IV) its criticality for ISS system integrity.

(ii) A description of the spare or replacement modules,
systems and components, elements, and equipment identified
pursuant to the assessment that are not currently produced,
in inventory, or on order, including for each such module,
system or component, element, or equipment a description of--

(I) its specifications, including size, weight, and
necessary configuration for launch and delivery to the ISS;
(II) its function;
(III) its location;
(IV) its criticality for ISS system integrity; and
(V) the anticipated cost and schedule for its design,
procurement, manufacture, and delivery to the ISS.

[[Page H7348]]

(iii) A detailed summary of the delivery schedule and
associated delivery vehicle requirements necessary to
transport all spare and replacement elements considered
essential for the ongoing and sustained functionality of all
critical systems of the ISS, both in and of themselves and as
an element of an integrated, mutually dependent essential
capability, including an assessment of the current schedule
for delivery, the availability of delivery vehicles to meet
that schedule, and the likelihood of meeting that schedule
through such vehicles.
(2) GAO report.--
(A) Report required.--Not later than 90 days after the
submittal to Congress under paragraph (1) of the assessment
required by subsection (b), the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report on the assessment. The report shall set
forth an evaluation of the assessment by the Comptroller
General, including an evaluation of the accuracy and level of
confidence in the findings of the assessment.
(B) Cooperation with gao.--The Administrator shall provide
for the monitoring and participation of the Comptroller
General in the assessment in a manner that permits the
Comptroller General to prepare and submit the report required
by subparagraph (A).
(d) Utilization of Research Facilities and Capabilities.--
Utilization of research facilities and capabilities aboard
the ISS (other than exploration-related research and
technology development facilities and capabilities, and
associated ground support and logistics), shall be planned,
managed, and supported as provided in section 504.
Exploration-related research and technology development
facilities, capabilities, and associated ground support and
logistics shall be planned, managed, and supported by the
appropriate NASA organizations and officials in a manner that
does not interfere with other activities under section 504.
(e) Space Shuttle Mission to ISS.--
(1) Space shuttle mission.--The Administrator shall fly the
Launch-On-Need Shuttle mission currently designated in the
Shuttle Flight Manifest dated February 28, 2010, to the ISS
in fiscal year 2011, but no earlier than June 1, 2011, unless
required earlier by an operations contingency, and pending
the results of the assessment required by paragraph (2) and
the determination under paragraph (3)(A).
(2) Assessment of safe means of return.--The Administrator
shall provide for an assessment by the NASA Engineering and
Safety Center of the procedures and plans developed to ensure
the safety of the Space Shuttle crew, and alternative means
of return, in the event the Space Shuttle is damaged or
otherwise unable to return safely to Earth.
(3) Schedule and payload.--The determination of the
schedule and payload for the mission authorized by paragraph
(1) shall take into account the following:
(A) The supply and logistics delivery requirements of the
ISS.
(B) The findings of the study required by paragraph (2).
(4) Funds.--Amounts authorized to be appropriated by
section 101(2)(B) shall be available for the mission
authorized by paragraph (1).
(f) Space Shuttle Manifest Flight Assurance.--
(1) In general.--The Administrator shall take all actions
necessary to preserve Space Shuttle launch capability through
fiscal year 2011 in a manner that enables the launch, at a
minimum, of missions and primary payloads in the Shuttle
flight manifest as of February 28, 2010.
(2) Continuation of contractor support.--The Administrator
may not terminate any contract that provides the system
transitions necessary for shuttle-derived hardware to be used
on either the multi-purpose crew vehicle described in section
303 or the Space Launch System described in section 302.

SEC. 504. MANAGEMENT OF THE ISS NATIONAL LABORATORY.

(a) Cooperative Agreement With Not-for Profit Entity for
Management of National Laboratory.--
(1) In general.--The Administrator shall provide initial
financial assistance and enter into a cooperative agreement
with an appropriate organization that is exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986
to manage the activities of the ISS national laboratory in
accordance with this section.
(2) Qualifications.--The organization with which the
Administrator enters into the cooperative agreement shall
develop the capabilities to implement research and
development projects utilizing the ISS national laboratory
and to otherwise manage the activities of the ISS national
laboratory.
(3) Prohibition on other activities.--The cooperative
agreement shall require the organization entering into the
agreement to engage exclusively in activities relating to the
management of the ISS national laboratory and activities that
promote its long term research and development mission as
required by this section, without any other organizational
objectives or responsibilities on behalf of the organization
or any parent organization or other entity.
(b) NASA Liaison.--
(1) Designation.--The Administrator shall designate an
official or employee of the Space Operations Mission
Directorate of NASA to act as liaison between NASA and the
organization with which the Administrator enters into a
cooperative agreement under subsection (a) with regard to the
management of the ISS national laboratory.
(2) Consultation with liaison.--The cooperative agreement
shall require the organization entering into the agreement to
carry out its responsibilities under the agreement in
cooperation and consultation with the official or employee
designated under paragraph (1).
(c) Planning and Coordination of ISS National Laboratory
Research Activities.--The Administrator shall provide initial
financial assistance to the organization with which the
Administrator enters into a cooperative agreement under
subsection (a), in order for the organization to initiate the
following:
(1) Planning and coordination of the ISS national
laboratory research activities.
(2) Development and implementation of guidelines, selection
criteria, and flight support requirements for non-NASA
scientific utilization of ISS research capabilities and
facilities available in United States-owned modules of the
ISS or in partner-owned facilities of the ISS allocated to
United States utilization by international agreement.
(3) Interaction with and integration of the International
Space Station National Laboratory Advisory Committee
established under section 602 of the National Aeronautics and
Space Administration Authorization Act of 2008 (42 U.S.C.
17752) with the governance of the organization, and review
recommendations provided by that Committee regarding
agreements with non-NASA departments and agencies of the
United States Government, academic institutions and
consortia, and commercial entities leading to the utilization
of the ISS national laboratory facilities.
(4) Coordination of transportation requirements in support
of the ISS national laboratory research and development
objectives, including provision for delivery of instruments,
logistics support, and related experiment materials, and
provision for return to Earth of collected samples,
materials, and scientific instruments in need of replacement
or upgrade.
(5) Cooperation with NASA, other departments and agencies
of the United States Government, the States, and commercial
entities in ensuring the enhancement and sustained operations
of non-exploration-related research payload ground support
facilities for the ISS, including the Space Life Sciences
Laboratory, the Space Station Processing Facility and Payload
Operations Integration Center.
(6) Development and implementation of scientific outreach
and education activities designed to ensure effective
utilization of ISS research capabilities including the
conduct of scientific assemblies, conferences, and other fora
for the presentation of research findings, methods, and
mechanisms for the dissemination of non-restricted research
findings and the development of educational programs, course
supplements, interaction with educational programs at all
grade levels, including student-focused research
opportunities for conduct of research in the ISS national
laboratory facilities.
(7) Such other matters relating to the utilization of the
ISS national laboratory facilities for research and
development as the Administrator may consider appropriate.
(d) Research Capacity Allocation and Integration of
Research Payloads.--
(1) Allocation of iss research capacity.--As soon as
practicable after the date of the enactment of this Act, but
not later than October 1, 2011, ISS national laboratory
managed experiments shall be guaranteed access to, and
utilization of, not less than 50 percent of the United States
research capacity allocation, including power, cold stowage,
and requisite crew time onboard the ISS through September 30,
2020. Access to the ISS research capacity includes provision
for the adequate upmass and downmass capabilities to utilize
the ISS research capacity, as available. The Administrator
may allocate additional capacity to the ISS national
laboratory should such capacity be in excess of NASA research
requirements.
(2) Additional research capabilities.--If any NASA research
plan is determined to require research capacity onboard the
ISS beyond the percentage allocated under paragraph (1), such
research plan shall be prepared in the form of a requested
research opportunity to be submitted to the process
established under this section for the consideration of
proposed research within the capacity allocated to the ISS
national laboratory. A proposal for such a research plan may
include the establishment of partnerships with non-NASA
institutions eligible to propose research to be conducted
within the ISS national laboratory capacity. Until September
30, 2020, the official or employee designated under
subsection (b) may grant an exception to this requirement in
the case of a proposed experiment considered essential for
purposes of preparing for exploration beyond low-Earth orbit,
as determined by joint agreement between the organization
with which the Administrator enters into a cooperative
agreement under subsection (a) and the official or employee
designated under subsection (b).
(3) Research priorities and enhanced capacity.--The
organization with which the Administrator enters into the
cooperative agreement shall consider recommendations of the
National Academies Decadal Survey on Biological and Physical
Sciences in Space

[[Page H7349]]

in establishing research priorities and in developing
proposed enhancements of research capacity and opportunities
for the ISS national laboratory.
(4) Responsibility for research payload.--NASA shall retain
its roles and responsibilities in providing research payload
physical, analytical, and operations integration during pre-
flight, post-flight, transportation, and orbital phases
essential to ensure safe and effective flight readiness and
vehicle integration of research activities approved and
prioritized by the organization with which the Administrator
enters into the cooperative agreement and the official or
employee designated under subsection (b).

TITLE VI--SPACE SHUTTLE RETIREMENT AND TRANSITION

SEC. 601. SENSE OF CONGRESS ON THE SPACE SHUTTLE PROGRAM.

(a) Findings.--Congress makes the following findings:
(1) The Space Shuttle program represents a national asset
consisting of critical skills and capabilities, including the
ability to lift large payloads into space and return them to
Earth.
(2) The Space Shuttle has carried more than 355 people from
16 nations into space.
(3) The Space Shuttle has projected the best of American
values around the world, and Space Shuttle crews have sparked
the imagination and dreams of the world's youth and young at
heart.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is essential that the retirement of the Space
Shuttle and the transition to new human space flight
capabilities be done in a manner that builds upon the legacy
of this national asset; and
(2) it is imperative for the United States to retain the
skills and the industrial capability to provide a follow-on
Space Launch System that is primarily designed for missions
beyond near-Earth space, while offering some potential for
supplanting shuttle delivery capabilities to low-Earth orbit,
particularly in support of ISS requirements, if necessary.

SEC. 602. RETIREMENT OF SPACE SHUTTLE ORBITERS AND TRANSITION
OF SPACE SHUTTLE PROGRAM.

(a) In General.--The Administrator shall retire the Space
Shuttle orbiters pursuant to a schedule established by the
Administrator and in a manner consistent with provisions of
this Act regarding potential requirements for contingency
utilization of Space Shuttle orbiters for ISS requirements.
(b) Utilization of Workforce and Assets in Follow-on Space
Launch System.--
(1) Utilization of vehicle assets.--In carrying out
subsection (a), the Administrator shall, to the maximum
extent practicable, utilize workforce, assets, and
infrastructure of the Space Shuttle program in efforts
relating to the initiation of a follow-on Space Launch System
developed pursuant to section 302 of this Act.
(2) Other assets.--With respect to the workforce, assets,
and infrastructure not utilized as described in paragraph
(1), the Administrator shall work closely with other
departments and agencies of the Federal Government, and the
private sector, to divest unneeded assets and to assist
displaced workers with retraining and other placement
efforts. Amounts authorized to be appropriated by section
101(2)(B) shall be available for activities pursuant to this
paragraph.

SEC. 603. DISPOSITION OF ORBITER VEHICLES.

(a) In General.--Upon the termination of the Space Shuttle
program as provided in section 602, the Administrator shall
decommission any remaining Space Shuttle orbiter vehicles
according to established safety and historic preservation
procedures prior to their designation as surplus government
property. The orbiter vehicles shall be made available and
located for display and maintenance through a competitive
procedure established pursuant to the disposition plan
developed under section 613(a) of the National Aeronautics
and Space Administration Authorization Act of 2008 (42 U.S.C.
17761(a)), with priority consideration given to eligible
applicants meeting all conditions of that plan which would
provide for the display and maintenance of orbiters at
locations with the best potential value to the public,
including where the location of the orbiters can advance
educational opportunities in science, technology,
engineering, and mathematics disciplines, and with an
historical relationship with either the launch, flight
operations, or processing of the Space Shuttle orbiters or
the retrieval of NASA manned space vehicles, or significant
contributions to human space flight. The Smithsonian
Institution, which, as of the date of enactment of this Act,
houses the Space Shuttle Enterprise, shall determine any new
location for the Enterprise.
(b) Display and Maintenance.--The orbiter vehicles made
available under subsection (a) shall be displayed and
maintained through agreements and procedures established
pursuant to section 613(a) of the National Aeronautics and
Space Administration Authorization Act of 2008 (42 U.S.C.
17761(a)).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to NASA such sums as may be necessary to
carry out this section. The amounts authorized to be
appropriated by this subsection shall be in addition to any
amounts authorized to be appropriated by title I, and may be
requested by the President as supplemental requirements, if
needed, in the appropriate fiscal years.

TITLE VII--EARTH SCIENCE

SEC. 701. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) Earth observations are critical to scientific
understanding and monitoring of the Earth system, to
protecting human health and property, to growing the economy
of the United States, and to strengthening the national
security and international posture of the United States.
Additionally, recognizing the number of relevant participants
and activities involved with Earth observations within the
United States Government and internationally, Congress
supports the strengthening of collaboration across these
areas;
(2) NASA plays a critical role through its ability to
provide data on solar output, sea level rise, atmospheric and
ocean temperature, ozone depletion, air pollution, and
observation of human and environment relationships;
(3) programs should utilize open standards consistent with
international data-sharing principles and obtain and convert
data from other government agencies, including data from the
United States Geological Survey, and data derived from
satellites operated by NOAA as well as from international
satellites are important to the study of climate science and
such cooperative relationships and programs should be
maintained;
(4) Earth-observing satellites and sustained monitoring
programs will continue to play a vital role in climate
science, environmental understanding, mitigation of
destructive environmental impacts, and contributing to the
general national welfare; and
(5) land remote sensing observation plays a critical role
in Earth science, and the national space policy supports this
role by requiring operational land remote sensing
capabilities.

SEC. 702. INTERAGENCY COLLABORATION IMPLEMENTATION APPROACH.

The Director of OSTP shall establish a mechanism to ensure
greater coordination of the research, operations, and
activities relating to civilian Earth observation of those
Agencies, including NASA, that have active programs that
either contribute directly or indirectly to these areas. This
mechanism should include the development of a strategic
implementation plan that is updated at least every 3 years,
and includes a process for external independent advisory
input. This plan should include a description of the
responsibilities of the various Agency roles in Earth
observations, recommended cost-sharing and procurement
arrangements between Agencies and other entities, including
international arrangements, and a plan for ensuring the
provision of sustained, long term space-based climate
observations. The Director shall provide a report to Congress
within 90 days after the date of enactment of this Act on the
implementation plan for this mechanism.

SEC. 703. TRANSITIONING EXPERIMENTAL RESEARCH TO OPERATIONS.

The Administrator shall coordinate with the Administrator
of NOAA and the Director of the United States Geological
Survey to establish a formal mechanism that plans,
coordinates, and supports the transitioning of NASA research
findings, assets, and capabilities to NOAA operations and
United States Geological Survey operations. In defining this
mechanism, NASA should consider the establishment of a formal
or informal Interagency Transition Office. The Administrator
of NASA shall provide an implementation plan for this
mechanism to Congress within 90 days after the date of
enactment of this Act.

SEC. 704. DECADAL SURVEY MISSIONS IMPLEMENTATION FOR EARTH
OBSERVATION.

The Administrator shall undertake to implement, as
appropriate, missions identified in the National Research
Council's Earth Science Decadal Survey within the scope of
the funds authorized for the Earth Science Mission
Directorate.

SEC. 705. EXPANSION OF EARTH SCIENCE APPLICATIONS.

It is the sense of the Congress that the role of NASA in
Earth Science applications shall be expanded with other
departments and agencies of the Federal government, State and
local governments, tribal governments, academia, the private
sector, nonprofit organizations, and international partners.
NASA's Earth science data can increasingly aid efforts to
improve the human condition and provide greater security.

SEC. 706. INSTRUMENT TEST-BEDS AND VENTURE CLASS MISSIONS.

The Administrator shall pursue innovative ways to fly
instrument-level payloads for early demonstration or as co-
manifested payloads. The Congress encourages the use of the
ISS as an accessible platform for the conduct of such
activities. Additionally, in order to address the cost and
schedule challenges associated with large flight systems,
NASA should pursue smaller systems where practicable and
warranted.

SEC. 707. SENSE OF CONGRESS ON NPOESS FOLLOW-ON PROGRAM.

It is the Sense of the Congress that--
(1) polar orbiting satellites are vital for weather
prediction, climate and environmental monitoring, national
security, emergency response, and climate research;
(2) the National Polar Orbiting Environmental Satellite
System has suffered from years of steadily rising cost
estimates and schedule delays and an independent review

[[Page H7350]]

team recommended that the System be restructured to improve
the probability of success and protect the continuity of
weather and climate data;
(3) the Congress supports the decision made by OSTP in
February, 2010, to restructure the program to minimize
schedule slips and cost overruns, clarify the
responsibilities and accountability of NASA, NOAA, and the
Department of Defense, and retain necessary coordination
across civil and defense weather and climate programs;
(4) the Administrator of NOAA and the Secretary of Defense
should maximize the use of assets from the NPOESS program as
they establish the NOAA Joint Polar Satellite System at
NASA's Goddard Space Flight Center, and the Department of
Defense's Defense Weather Satellite System;
(5) the Administrator of NOAA and the Secretary of Defense
should structure their programs in order to maintain
satellite data continuity for the Nation's weather and
climate requirements; and
(6) the Administrator of NOAA and the Secretary of Defense
should provide immediate notification to the Congress of any
impediments that may require Congressional intervention in
order for the agencies to meet launch readiness dates,
together with any recommended actions.

TITLE VIII--SPACE SCIENCE

SEC. 801. TECHNOLOGY DEVELOPMENT.

The Administrator shall ensure that the Science Mission
Directorate maintains a long term technology development
program for space and Earth science. This effort should be
coordinated with an overall Agency technology investment
approach, as authorized in section 905 of this Act.

SEC. 802. SUBORBITAL RESEARCH ACTIVITIES.

(a) In General.--The report of the National Academy of
Sciences, Revitalizing NASA's Suborbital Program: Advancing
Science, Driving Innovation and Developing Workforce, found
that suborbital science missions were absolutely critical to
building an aerospace workforce capable of meeting the needs
of current and future human and robotic space exploration.
(b) Management.--The Administrator shall designate an
officer or employee of the Science Mission Directorate to act
as the responsible official for all Suborbital Research in
the Science Mission Directorate. The designee shall be
responsible for the development of short- and long term
strategic plans for maintaining, renewing and extending
suborbital facilities and capabilities, monitoring progress
towards goals in the plans, and be responsible for
integration of suborbital activities and workforce
development within the agency, thereby ensuring the long term
recognition of their combined value to the directorate, to
NASA, and to the Nation.
(c) Establishment of Suborbital Research Program.--The
Administrator shall establish a Suborbital Research Program
within the Science Mission Directorate that shall include the
use of sounding rockets, aircraft, high altitude balloons,
suborbital reusable launch vehicles, and commercial launch
vehicles to advance science and train the next generation of
scientists and engineers in systems engineering and systems
integration which are vital to maintaining critical skills in
the aerospace workforce. The program shall integrate existing
suborbital research programs with orbital missions at the
discretion of the designated officer or employee and shall
emphasize the participation of undergraduate and graduate
students and post-doctoral researchers when formulating
announcements of opportunity.
(d) Report.--The Administrator shall report to the
appropriate committees of Congress on the number and type of
suborbital missions conducted in each fiscal year and the
number of undergraduate and graduate students participating
in the missions. The report shall be made annually for each
fiscal year under this section.
(e) Authorization.--There are authorized to be appropriated
to the Administrator such sums as may be necessary to carry
out this section.

SEC. 803. OVERALL SCIENCE PORTFOLIO-SENSE OF THE CONGRESS.

Congress reaffirms its sense that a balanced and adequately
funded set of activities, consisting of research and analysis
grants programs, technology development, small, medium, and
large space missions, and suborbital research activities,
contributes to a robust and productive science program and
serves as a catalyst for innovation.

SEC. 804. IN-SPACE SERVICING.

The Administrator shall continue to take all necessary
steps to ensure that provisions are made for in-space or
human servicing and repair of all future observatory-class
scientific spacecraft intended to be deployed in Earth-orbit
or at a Lagrangian point to the extent practicable and
appropriate. The Administrator should ensure that agency
investments and future capabilities for space technology,
robotics, and human space flight take the ability to service
and repair these spacecraft into account, where appropriate,
and incorporate such capabilities into design and operational
plans.

SEC. 805. DECADAL RESULTS.

NASA shall take into account the current decadal surveys
from the National Academies' Space Studies Board when
submitting the President's budget request to the Congress.

SEC. 806. ON-GOING RESTORATION OF RADIOISOTOPE THERMOELECTRIC
GENERATOR MATERIAL PRODUCTION.

(a) Findings.--The Congress finds the following:
(1) The United States has led the world in the scientific
exploration of space for nearly 50 years.
(2) Missions such as Viking, Voyager, Cassini, and New
Horizons have greatly expanded knowledge of our solar system
and planetary characteristics and evolution.
(3) Radioisotope power systems are the only available power
sources for deep space missions making it possible to travel
to such distant destinations as Mars, Jupiter, Saturn, Pluto,
and beyond and maintain operational control and systems
viability for extended mission durations.
(4) Current radioisotope power systems supplies and
production will not fully support NASA missions planned even
in the next decade and, without a new domestic production
capability, the United States will no longer have the means
to explore the majority of the solar system by the end of
this decade.
(5) Continuing to rely on Russia or other foreign sources
for radioisotope power system fuel production is not a secure
option.
(6) Reestablishing domestic production will require a long
lead-time. Thus, meeting future space exploration mission
needs requires that a restart project begin at the earliest
opportunity.
(b) In General.--The Administrator shall, in coordination
with the Secretary of Energy, pursue a joint approach
beginning in fiscal year 2011 towards restarting and
sustaining the domestic production of radioisotope
thermoelectric generator material for deep space and other
science and exploration missions. Funds authorized by this
Act for NASA shall be made available under a reimbursable
agreement with the Department of Energy for the purpose of
reestablishing facilities to produce fuel required for
radioisotope thermoelectric generators to enable future
missions.
(c) Report.--Within 120 days after the date of enactment of
this Act, the Administrator and the Secretary of Energy shall
submit a joint report to the appropriate committees of
Congress on coordinated agreements, planned implementation,
and anticipated schedule, production quantities, and mission
applications under this section.

SEC. 807. COLLABORATION WITH ESMD AND SOMD ON ROBOTIC
MISSIONS.

The Administrator shall ensure that the Exploration Systems
Mission Directorate and the Space Operations Mission
Directorate coordinate with the Science Mission Directorate
on an overall approach and plan for interagency and
international collaboration on robotic missions that are NASA
or internationally developed, including lunar, Lagrangian,
near-Earth orbit, and Mars spacecraft, such as the
International Lunar Network. Within 90 days after the date of
enactment of this Act, the Administrator shall provide a plan
to the appropriate committees of Congress for implementation
of the collaborative approach required by this section. The
Administrator may not cancel or initiate any Exploration
Systems Mission Directorate or Science Mission Directorate
robotic project before the plan is submitted to the
appropriate committees of Congress.

SEC. 808. NEAR-EARTH OBJECT SURVEY AND POLICY WITH RESPECT TO
THREATS POSED.

(a) Policy Reaffirmation.--Congress reaffirms the policy
set forth in section 102(g) of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2451(g)) relating to surveying
near-Earth asteroids and comets.
(b) Implementation.--The Director of the OSTP shall
implement, before September 30, 2012, a policy for notifying
Federal agencies and relevant emergency response institutions
of an impending near-Earth object threat if near-term public
safety is at risk, and assign a Federal agency or agencies to
be responsible for protecting the United States and working
with the international community on such threats.

SEC. 809. SPACE WEATHER.

(a) Findings.--The Congress finds the following:
(1) Space weather events pose a significant threat to
modern technological systems.
(2) The effects of severe space weather events on the
electric power grid, telecommunications and entertainment
satellites, airline communications during polar routes, and
space-based position, navigation and timing systems could
have significant societal, economic, national security, and
health impacts.
(3) Earth and Space Observing satellites, such as the
Advanced Composition Explorer, Geostationary Operational
Environmental Satellites, Polar Operational Environmental
Satellites, and Defense Meteorological Satellites, provide
crucial data necessary to predict space weather events.
(b) Action Required.--The Director of OSTP shall--
(1) improve the Nation's ability to prepare, avoid,
mitigate, respond to, and recover from potentially
devastating impacts of space weather events;
(2) coordinate the operational activities of the National
Space Weather Program Council members, including the NOAA
Space Weather Prediction Center and the U.S. Air Force
Weather Agency; and
(3) submit a report to the appropriate committees of
Congress within 180 days after the date of enactment of this
Act that--
(A) details the current data sources, both space- and
ground-based, that are necessary for space weather
forecasting; and

[[Page H7351]]

(B) details the space- and ground-based systems that will
be required to gather data necessary for space weather
forecasting for the next 10 years.

TITLE IX--AERONAUTICS AND SPACE TECHNOLOGY

SEC. 901. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) aeronautics research remains vital to NASA's mission
and deserves continued support;
(2) NASA aeronautics research should be guided by, and
consistent with, the National Aeronautics Research and
Development Policy that guides the Nation's aeronautics
research and development activities;
(3) the OSTP-led National Science and Technology Council
Aeronautics Science and Technology subcommittee remains
essential to developing and coordinating national aeronautics
research and development plans and their prioritization for
funding, and that it is also important that the plans include
a focus on research, development, test, and evaluation
infrastructure plans, as well as research and development
goals and objectives; and
(4) technology research conducted by NASA as part of the
larger national aeronautics effort would help to secure,
sustain, and advance the leadership role of the United States
in global aviation.

SEC. 902. AERONAUTICS RESEARCH GOALS.

The Administrator should ensure that NASA maintains a
strong aeronautics research portfolio ranging from
fundamental research through systems research with specific
research goals, including the following:
(1) Airspace capacity.--NASA's Aeronautics Research Mission
Directorate shall address research needs of the Next
Generation Air Transportation System, including the ability
of the National Airspace System to handle up to 3 times the
current travel demand by 2025.
(2) Environmental sustainability.--The Directorate shall
consider and pursue concepts to reduce noise, emissions, and
fuel consumption while maintaining high safety standards and
shall pursue research related to alternative fuels.
(3) Aviation safety.--The Directorate shall proactively
address safety challenges with new and current air vehicles
and with operations in the Nation's current and future air
transportation system.

SEC. 903. RESEARCH COLLABORATION.

(a) Department of Defense.--The Administrator shall
continue to coordinate with the Secretary of Defense, through
the National Partnership for Aeronautics Testing, to develop
and implement joint plans for those elements of the Nation's
research, development, testing, and engineering
infrastructure that are of common interest and use.
(b) Federal Aviation Administration.--The Administrator
shall continue to coordinate with, and work closely with, the
Administrator of the Federal Aviation Administration, under
the framework of the Senior Policy Council, in development of
the Next Generation Air Transportation Program. The
Administrator shall encourage the Council to explore areas
for greater collaboration, including areas where NASA can
help to accelerate the development and demonstration of
NextGen technologies.

SEC. 904. GOAL FOR AGENCY SPACE TECHNOLOGY.

It is critical that NASA maintain an Agency space
technology base that helps align mission directorate
investments and supports long term needs to complement
mission-directorate funded research and support, where
appropriate, multiple users, building upon its Innovative
Partnerships Program and other partnering approaches.

SEC. 905. IMPLEMENTATION PLAN FOR AGENCY SPACE TECHNOLOGY.

Within 120 days after the date of enactment of this Act,
NASA shall submit a plan to the appropriate committees of
Congress that outlines how NASA's space technology program
will meet the goal described in section 904, including an
explanation of how the plan will link to other mission-
directorate technology efforts outlined in sections 608, 801,
and 802 of this Act.

SEC. 906. NATIONAL SPACE TECHNOLOGY POLICY.

(a) In General.--The President or the President's designee,
in consultation with appropriate Federal agencies, shall
develop a national policy to guide the space technology
development programs of the United States through 2020. The
policy shall include national goals for technology
development and shall describe the role and responsibilities
of each Federal agency that will carry out the policy. In
developing the policy, the President or the President's
designee shall utilize external studies that have been
conducted on the state of United States technology
development and have suggested policies to ensure continued
competitiveness.
(b) Content.--
(1) At a minimum, the national space technology development
policy shall describe for NASA--
(A) the priority areas of research for technology
investment;
(B) the basis on which and the process by which priorities
for ensuing fiscal years will be selected;
(C) the facilities and personnel needed to carry out the
technology development program; and
(D) the budget assumptions on which the policy is based,
which for fiscal years 2011, 2012, and 2013 shall be the
authorized level for NASA's technology program authorized by
this Act.
(2) The policy shall be based on the premise that the
Federal Government has an established interest in conducting
research and development programs that help preserve the role
of the United States as a global leader in space technologies
and their application.
(3) Considerations.--In developing the national space
technology development policy, the President or the
President's designee shall consider, and include a discussion
in the report required by subsection (c), of the following
issues:
(A) The extent to which NASA should focus on long term,
high-risk research or more incremental technology
development, and the expected impact of that decision on the
United States economy.
(B) The extent to which NASA should address military and
commercial needs.
(C) How NASA will coordinate its technology program with
other Federal agencies.
(D) The extent to which NASA will conduct research in-
house, fund university research, and collaborate on industry
research and the expected impact of that mix of funding on
the supply of United States workers for industry.
(4) Consultation.--In the development of the national space
technology development policy, the President or the
President's designee shall consult widely with academic and
industry experts and with other Federal agencies. The
Administrator may enter into an arrangement with the National
Academy of Sciences to help develop the policy.
(c) Report.--
(1) Policy.--Not later than 1 year after the date of
enactment of this Act, the President shall transmit a report
setting forth national space technology policy to the
appropriate committees of Congress and to the Senate
Committee on Appropriations and the House of Representatives
Committee on Appropriations.
(2) Implementation.--Not later than 60 days after the
President transmits the report required by paragraph (1) to
the Congress, the Administrator shall transmit a report to
the same committees describing how NASA will carry out the
policy.

SEC. 907. COMMERCIAL REUSABLE SUBORBITAL RESEARCH PROGRAM.

(a) In general.--The report of the National Academy of
Sciences, Revitalizing NASA's Suborbital Program: Advancing
Science, Driving Innovation and Developing Workforce, found
that suborbital science missions were absolutely critical to
building an aerospace workforce capable of meeting the needs
of current and future human and robotic space exploration.
(b) Management.--The Administrator shall designate an
officer or employee of the Space Technology Program to act as
the responsible official for the Commercial Reusable
Suborbital Research Program in the Space Technology Program.
The designee shall be responsible for the development of
short- and long term strategic plans for maintaining,
renewing and extending suborbital facilities and
capabilities.
(c) Establishment.--The Administrator shall establish a
Commercial Reusable Suborbital Research Program within the
Space Technology Program that shall fund the development of
payloads for scientific research, technology development, and
education, and shall provide flight opportunities for those
payloads to microgravity environments and suborbital
altitudes. The Commercial Reusable Suborbital Research
Program may fund engineering and integration demonstrations,
proofs of concept, or educational experiments for commercial
reusable vehicle flights. The program shall endeavor to work
with NASA's Mission Directorates to help achieve NASA's
research, technology, and education goals.
(d) Report.--The Administrator shall submit a report
annually to the appropriate committees of Congress describing
progress in carrying out the Commercial Reusable Suborbital
Research program, including the number and type of suborbital
missions planned in each fiscal year.
(e) Authorization.--There are authorized to be appropriated
to the Administrator $15,000,000 for each of fiscal years
2011 through 2013 to carry out this section.

TITLE X--EDUCATION

SEC. 1001. REPORT ON EDUCATION IMPLEMENTATION OUTCOMES.

Not later than 120 days after the date of the enactment of
this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the metrics, internal and
external relationships, and resources committed by NASA to
each of the following:
(1) The development of a national STEM workforce.
(2) The retention of students in STEM disciplines as
reflected by their education progression over time.
(3) The development of strategic partnerships and linkages
between STEM formal and informal education providers.

SEC. 1002. SENSE OF CONGRESS ON THE EXPERIMENTAL PROGRAM TO
STIMULATE COMPETITIVE RESEARCH.

It is the sense of Congress that--
(1) the Experimental Program to Stimulate Competitive
Research of NASA strengthens the research capabilities of
jurisdictions that historically have not participated equally
in competitive aerospace and aerospace-related research
activities;
(2) the Experimental Program to Stimulate Competitive
Research of NASA has provided the American taxpayer with an
excellent return on investment;

[[Page H7352]]

(3) the Experimental Program to Stimulate Competitive
Research of NASA has been successful in helping to achieve
broader geographical distribution of research and development
support by improving the research infrastructure in States
that historically have received limited Federal research and
development funds; and
(4) in order to continue improvement and to increase
efficiency the award of grants under the Experimental Program
to Stimulate Competitive Research of NASA should be
coordinated with the award of grants under the Experimental
Program to Stimulate Competitive Research of the National
Science Foundation, the Department of Energy, the Department
of Agriculture, the Department of Defense, the Environmental
Protection Agency, and the National Institutes of Health.

SEC. 1003. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
COMMERCIAL ORBITAL PLATFORM PROGRAM.

A fundamental and unique capability of NASA is in
stimulating science, technology, engineering, and mathematics
education in the United States. In ensuring maximum use of
that capability, NASA shall--
(1) establish a program to annually sponsor scientific and
educational payloads developed with United States student and
educator involvement to be flown on commercially available
orbital platforms, when available and operational, with the
goal of launching at least 50 such payloads (with at least
one from each of the 50 States) to orbit on at least one
mission per year;
(2) contract with providers of commercial orbital platform
services for their use by the STEM-Commercial Orbital
Platform program, preceded by the issuance of a request for
proposal, not later than 90 days after the date of enactment
of this Act, to enter into at least one funded,
competitively-awarded contract for commercial orbital
platform services and make awards within 180 days after such
date; and
(3) engage with United States students and educators and
make available NASA's science, engineering, payload
development, and payload operations expertise to student
teams selected to participate in the STEM-Commercial Orbital
Platform program.

TITLE XI--RE-SCOPING AND REVITALIZING INSTITUTIONAL CAPABILITIES

SEC. 1101. SENSE OF CONGRESS.

It is the sense of Congress that NASA needs to re-scope,
and as appropriate, down-size, to fit current and future
missions and expected funding levels. Eighty percent of
NASA's facilities are over 40 years old. Additionally, in a
number of areas NASA finds itself ``holding onto'' facilities
and capabilities scaled to another era.

SEC. 1102. INSTITUTIONAL REQUIREMENTS STUDY.

Within 1 year after the date of enactment of this Act, the
Administrator shall provide to the appropriate committees of
Congress a comprehensive study that, taking into account the
long term direction provided by this Act, carefully examines
NASA's structure, organization, and institutional assets and
identifies a strategy to evolve toward the most efficient
retention, sizing, and distribution of facilities,
laboratories, test capabilities, and other infrastructure
consistent with NASA's missions and mandates. The
Administrator should pay particular attention to identifying
and removing unneeded or duplicative infrastructure. The
Administrator should include in the study a suggested
reconfiguration and reinvestment strategy that would conform
the needed equipment, facilities, test equipment, and related
organizational alignment that would best meet the
requirements of missions and priorities authorized and
directed by this Act. As part of this strategy, the
Administrator should include consideration and application of
the findings and recommendations of the National Research
Council report, Capabilities for the Future: An Assessment of
NASA Laboratories for Basic Research, prepared in response to
section 1003 of the National Aeronautics and Space
Administration Authorization Act of 2008 (42 U.S.C. 17812).

SEC. 1103. NASA CAPABILITIES STUDY REQUIREMENT.

Upon completion of the study required by Section 1102, the
Administrator shall establish an independent panel to examine
alternative management models for NASA's workforce, centers,
and related facilities in order to improve efficiency and
productivity, while nonetheless maintaining core Federal
competencies and keeping appropriately governmental functions
internal to NASA. The study shall include a recommended
implementation strategy, which shall identify any additional
legislative authorities necessary to enable implementation of
the recommended strategy, including recommended actions to
provide aid and assistance to eligible communities to
mitigate adverse impacts resulting from implementation of the
proposed strategy. The Administrator shall provide the
results of this study to the appropriate committees of
Congress within 1 year after the date on which the study is
begun.

SEC. 1104. SENSE OF CONGRESS ON COMMUNITY TRANSITION SUPPORT.

The Congress recognizes and supports current executive
branch efforts to assist and provide aid to communities that
are adversely impacted by NASA program changes, contract or
program cancellations, or proposed institutional changes, so
as to minimize the social and economic impacts to those
communities, workers, and businesses. Communities eligible
for such aid would be those in close proximity to NASA
mission-related centers and their component facilities
located in Alabama, California, Florida, Louisiana, Maryland,
Mississippi, New Mexico, Ohio, Texas, and Virginia which may
be impacted by program changes authorized or directed by this
Act or by the implementation strategy developed pursuant to
section 1103.

SEC. 1105. WORKFORCE STABILIZATION AND CRITICAL SKILLS
PRESERVATION.

Prior to receipt by the Congress of the study,
recommendations, and implementation strategy developed
pursuant to section 1103, none of the funds authorized for
use under this Act may be used to transfer the functions,
missions, or activities, and associated civil service and
contractor positions, from any NASA facility without
authorization by the Congress to implement the proposed
strategy. The Administrator shall preserve the critical
skills and competencies in place at NASA centers prior to
enactment of this Act in order to facilitate timely
implementation of the requirements of this Act and to
minimize disruption to the workforce. The Administrator may
not implement any reduction-in-force or other involuntary
separations of permanent, non-Senior-Executive-Service, civil
servant employees before September 30, 2013, except for cause
on charges of misconduct, delinquency, or inefficiency.

TITLE XII--OTHER MATTERS

SEC. 1201. REPORT ON SPACE TRAFFIC MANAGEMENT.

The Administrator shall submit to the appropriate
committees of Congress a report on a status on the initiation
of discussions with other nations on a framework to address
space traffic management concerns, as required by section
1102 of the National Aeronautics and Space Administration Act
Authorization Act of 2008 (42 U.S.C. 17821).

SEC. 1202. NATIONAL AND INTERNATIONAL ORBITAL DEBRIS
MITIGATION.

(a) Findings.--Congress makes the following findings:
(1) A national and international effort is needed to
develop a coordinated approach towards the prevention,
negation, and removal of orbital debris.
(2) The guidelines issued by the Inter-Agency Space Debris
Coordination Committee provide a consensus understanding of
10 national space agencies (including NASA) plus the European
Space Agency on the necessity of mitigating the creation of
space debris and measures for doing so. NASA's participation
on the Committee should be robust, and NASA should urge other
space-relevant Federal agencies (including the Departments of
State, Defense, and Commerce) to work to ensure that their
counterpart agencies in foreign governments are aware of
these national commitments and the importance in which the
United States holds them.
(3) Key components of such an approach should include--
(A) a process for debris prevention through agreements
regarding spacecraft design, operations, and end-of-life
disposition plans to minimize orbiting vehicles or elements
which are nonfunctional;
(B) the development of a robust Space Situational Awareness
network that can identify potential collisions and provide
sufficient trajectory and orbital data to enable avoidance
maneuvers;
(C) the interagency development of an overall strategy for
review by the President, with recommendations for proposed
international collaborative efforts to address this
challenge.
(b) International Discussion.--
(1) In general.--The Administrator shall, in consultation
with such other departments and agencies of the Federal
Government as the Administrator considers appropriate,
continue and strengthen discussions with the representatives
of other space-faring countries, within the Inter-Agency
Space Debris Coordination Committee and elsewhere, to deal
with this orbital debris mitigation.
(2) Interagency effort.--For purposes of carrying out this
subsection, the Director of OSTP, in coordination with the
Director of the National Security Council and using the
President's Council of Advisors on Science and Technology
coordinating mechanism, shall develop an overall strategy for
review by the President, with recommendations for proposed
international collaborative efforts to address this
challenge.

SEC. 1203. REPORTS ON PROGRAM AND COST ASSESSMENT AND CONTROL
ASSESSMENT.

(a) Findings.--Congress makes the following findings:
(1) The adherence of NASA to program cost and schedule
targets and discipline across NASA programs remains a
concern.
(2) The James Webb Space Telescope has exceeded its cost
estimate.
(3) In 2007 the Government Accountability Office issued a
report on NASA's high risk acquisition performance.
(4) In response, NASA prepared a corrective action plan two
years ago.
(b) Reports.--
(1) Reports required.--Not later than 90 days after the
date of the enactment of this Act, and not later than April
30 of each year thereafter, the Administrator shall submit to
the appropriate committees of Congress a report on the
implementation during the preceding year for the corrective
action plan referred to in subsection (a)(4).

[[Page H7353]]

(2) Elements.--Each report under this subsection shall set
forth, for the year covered by such report, the following:
(A) A description of each NASA program that has exceeded
its cost baseline by 15 percent or more or is more than 2
years behind its projected development schedule.
(B) For each program specified under subparagraph (A), a
plan for such decrease in scope or requirements, or other
measures, to be undertaken to control cost and schedule,
including any cost monitoring or corrective actions
undertaken pursuant to the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109-
155), and the amendments made by that Act.

SEC. 1204. ELIGIBILITY FOR SERVICE OF INDIVIDUAL CURRENTLY
SERVING AS ADMINISTRATOR OF NASA.

The individual serving in the position of Administrator of
the National Aeronautics and Space Administration as of the
date of the enactment of this Act comes from civilian life
and is therefore eligible to serve in such position, in
conformance with section 202 of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2472(a)).

SEC. 1205. SENSE OF CONGRESS ON INDEPENDENT VERIFICATION AND
VALIDATION OF NASA SOFTWARE.

It is the sense of Congress that--
(1) safety is at the heart of every NASA mission;
(2) the Office of Safety and Mission Assurance remains
vital to assuring the safety of all NASA activities;
(3) among the most important activities of the Office of
Safety and Mission Assurance is the performance of
independent safety and mission assurance assessments and
process verification reviews;
(4) as NASA embarks on a new path, independent verification
and validation of software must be of the highest priority to
ensure safety throughout all NASA programs;
(5) NASA's activities depend on software integrity to
achieve their goals and deliver a successful mission to the
American people;
(6) independent verification and validation is necessary to
ensure that safety-critical software will operate dependably
and support mission success;
(7) the creation of the Independent Verification and
Validation Facility of NASA was the direct result of
recommendations made by the National Research Council and the
Report of the Presidential Commission on the Space Shuttle
Challenger Accident;
(8) the mission-critical software of NASA must operate
dependably and safely;
(9) the Independent Verification and Validation Facility of
NASA plays an important role in assuring the safety of all
NASA activities by improving methodologies for risk
identification and assessment, and providing recommendations
for risk mitigation and acceptance; and
(10) the Independent Verification and Validation Facility
shall be the sole provider of independent verification and
validation services for software created by or for NASA.

SEC. 1206. COUNTERFEIT PARTS.

(a) In General.--The Administrator shall plan, develop, and
implement a program, in coordination with other Federal
agencies, to detect, track, catalog, and reduce the number of
counterfeit electronic parts in the NASA supply chain.
(b) Requirements.--In carrying out the program, the
Administrator shall establish--
(1) counterfeit part identification training for all
employees that procure, process, distribute, and install
electronic parts that will--
(A) teach employees how to identify counterfeit parts;
(B) educate employees on procedures to follow if they
suspect a part is counterfeit;
(C) regularly update employees on new threats,
identification techniques, and reporting requirements; and
(D) integrate industry associations, manufacturers,
suppliers, and other Federal agencies, as appropriate;
(2) an internal database to track all suspected and
confirmed counterfeit electronic parts that will maintain, at
a minimum--
(A) companies and individuals known and suspected of
selling counterfeit parts;
(B) parts known and suspected of being counterfeit,
including lot and date codes, part numbers, and part images;
(C) countries of origin;
(D) sources of reporting;
(E) United States Customs seizures; and
(F) Government-Industry Data Exchange Program reports and
other public or private sector database notifications; and
(3) a mechanism to report all information on suspected and
confirmed counterfeit electronic parts to law enforcement
agencies, industry associations, and other databases, and to
issue bulletins to industry on counterfeit electronic parts
and related counterfeit activity.
(c) Review of Procurement and Acquisition Policy.--
(1) In general.--In establishing the program, the
Administrator shall amend existing acquisition and
procurement policy to purchase electronic parts from trusted
or approved manufacturers. To determine trusted or approved
manufacturers, the Administrator shall establish a list,
assessed and adjusted at least annually, and create criteria
for manufacturers to meet in order to be placed onto the
list.
(2) Criteria.--The criteria may include--
(A) authentication or encryption codes;
(B) embedded security markings in parts;
(C) unique, harder to copy labels and markings;
(D) identifying distinct lot and serial codes on external
packaging;
(E) radio frequency identification embedded into high-value
parts;
(F) physical destruction of all defective, damaged, and
sub-standard parts that are by-products of the manufacturing
process;
(G) testing certifications;
(H) maintenance of procedures for handling any counterfeit
parts that slip through;
(I) maintenance of secure facilities to prevent
unauthorized access to proprietary information; and
(J) maintenance of product return, buy back, and inventory
control practices that limit counterfeiting.
(d) Report to Congress.--Within one year after the date of
enactment of this Act, the Administrator shall report on the
progress of implementing this section to the appropriate
committees of Congress.

SEC. 1207. INFORMATION SECURITY.

(a) Monitoring Risk.--
(1) Update on system implementation.--Not later than 120
days after the date of enactment of this Act, and on a
biennial basis thereafter, the chief information officer of
NASA, in coordination with other national security agencies,
shall provide to the appropriate committees of Congress--
(A) an update on efforts to implement a system to provide
dynamic, comprehensive, real-time information regarding risk
of unauthorized remote, proximity, and insider use or access,
for all information infrastructure under the responsibility
of the chief information officer, and mission-related
networks, including contractor networks;
(B) an assessment of whether the system has demonstrably
and quantifiably reduced network risk compared to alternative
methods of measuring security; and
(C) an assessment of the progress that each center and
facility has made toward implementing the system.
(2) Existing assessments.--The assessments required of the
Inspector General under section 3545 of title 44, United
States Code, shall evaluate the effectiveness of the system
described in this subsection.
(b) Information Security Awareness and Education.--
(1) In general.--In consultation with the Department of
Education, other national security agencies, and other agency
directorates, the chief information officer shall institute
an information security awareness and education program for
all operators and users of NASA information infrastructure,
with the goal of reducing unauthorized remote, proximity, and
insider use or access.
(2) Program requirements.--
(A) The program shall include, at a minimum, ongoing
classified and unclassified threat-based briefings, and
automated exercises and examinations that simulate common
attack techniques.
(B) All agency employees and contractors engaged in the
operation or use of agency information infrastructure shall
participate in the program.
(C) Access to NASA information infrastructure shall only be
granted to operators and users who regularly satisfy the
requirements of the program.
(D) The chief human capital officer of NASA, in
consultation with the chief information officer, shall create
a system to reward operators and users of agency information
infrastructure for continuous high achievement in the
program.
(c) Information Infrastructure Defined.--In this section,
the term ``information infrastructure'' means the underlying
framework that information systems and assets rely on to
process, transmit, receive, or store information
electronically, including programmable electronic devices and
communications networks and any associated hardware,
software, or data.

SEC. 1208. NATIONAL CENTER FOR HUMAN PERFORMANCE.

(a) In General.--The National Center for Human Performance
is located in Houston's Texas Medical Center which is home to
49 non-profit and academic patient care, biomedical research,
and health educational institutions serving 6 million
patients each year, and works collaboratively with
individuals and organizations, including NASA, to advance
science and research on human performance in space, health,
the military, athletics, and the arts.
(b) Designation as Institution of Excellence.--The National
Center for Human Performance is designated as an Institution
of Excellence for Human Performance dedicated to
understanding and improving all aspects of human performance.

SEC. 1209. ENHANCED-USE LEASING.

(a) Sense of the Congress.--It is the sense of the Congress
that the NASA enhanced-use leasing program is a fiscally
responsible program to further maintain the exploration-
related infrastructure of our Nation's space centers while
ensuring continued private utilization of these Federal
assets, and every effort should be made to ensure effective
utilization of this program.

SEC. 1210. SENSE OF CONGRESS CONCERNING THE STENNIS SPACE
CENTER.

It is the sense of the Congress that the Stennis Space
Center represents the national capability for development and
certification of liquid propulsion technologies vital to our
Nation's space flight program, and that the Federal
government should fully utilize that resource and continue to
make the testing facility available for further development
of commercial aerospace capabilities.

[[Page H7354]]

TITLE XIII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010

SEC. 1301. COMPLIANCE PROVISION.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Gordon) and the gentleman from Texas (Mr. Hall) each
will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.

General Leave

Mr. GORDON of Tennessee. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and to include extraneous material on S. 3729, the bill now
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. GORDON of Tennessee. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, in his fiscal 2011 budget request, the President
proposed a number of initiatives for NASA in the coming years, many of
which I and my colleagues support. However, after extensive hearings
and oversight, we reluctantly came to the conclusion that both the
current Constellation program and the President's proposed human space
flight plan are unexecutable under the current and projected budgets.
For too long, the mission hasn't matched the money at NASA, and I am
unwilling to let that practice continue. As a result, an alternative
approach was needed that would be executable and affordable, and both
the House and the Senate authorizing committees have spent the major
part of this last year work on a NASA reauthorization bill. The bill
before us today represents the results of the Senate's efforts.
The House Science and Technology Committee marked up its version in
late July, and we have spent the last several months in discussion with
the Senate to come up with compromise language that would incorporate
the best of both bills. Last week, I released bipartisan compromise
language that reflects those discussions, as well as constructive input
from colleagues here in the House.

{time} 2100

I have a number of concerns about the Senate bill which I have
enumerated. It has now, though, become clear that there is not time
remaining to pass the bill incorporating the compromise language
through the House and Senate before the start of the election recess.
For the sake of providing a degree of certainty, stability, and
clarity to the NASA workforce and the larger space community, I felt it
was better to consider a flawed bill than no bill at all as the new
fiscal year begins. Thus, despite its flaws, I will vote to suspend the
rules and pass the Senate bill.
However, I see today's floor consideration to be only one more step
in crafting a substantial, affordable, and productive future path for
NASA. To that end, I plan to continue to advocate to the appropriators
for the provisions in the compromise language. I believe that the
compromise language provides a solid basis for NASA's future
activities.
Mr. Speaker, it has been a difficult year for NASA, its workforce and
its contractors. We are in tough economic times and sacrifices will
have to be made. However, NASA is an investment in our future and in
the future of our children. The United States has been a global leader
in space exploration and technology and innovation, and our efforts
over the remainder of the Congress should be aimed at preserving that
leadership position.
With that, I encourage the House to pass the suspension.
I reserve the balance of my time.
Mr. HALL of Texas. Mr. Speaker, I rise in support of S. 3729, the
NASA Authorization Act, and I yield myself such time as I may require.
Let me begin by commending the Science Committee chairman, Bart
Gordon; Space Subcommittee chairwoman, Gabrielle Giffords; and
subcommittee ranking member, Pete Olson, for their tireless efforts
conducting oversight on NASA's programs and performance. During the
111th Congress, they held 13 hearings before either the subcommittee or
full committee that thoroughly examined NASA in all its aspects. During
the second session especially, they helped our committee better
understand the full impact of the administration's proposal to revamp
our Nation's human spaceflight program.
The bill we're about to vote on is a 3-year NASA authorization that
was reported by the Senate in early August. In many respects, this bill
shares features similar to H.R. 5781, introduced by Chairman Gordon and
cosponsored by the committee's leadership. Both bills are fairly
similar in their treatment of NASA's aeronautics research and space
science programs, and they authorize at the same agency top-line
number. They do, however, diverge with regard to the future of NASA's
human spaceflight program.
The House bill passed out of the Science and Technology Committee
with almost unanimous bipartisan support. This was a good bill that
keeps NASA on course to develop a new crew exploration vehicle, with
safety a top priority. Unfortunately, this bill never made it to the
floor for a vote. So, in the past few weeks, Chairman Gordon sought to
reach an agreement with the Senate on a compromise bill that would
bridge the differences. It is now clear that time has run out and that
we have very few days remaining to advance a NASA authorization bill
through this Congress. I see no realistic choice but to take the Senate
bill because doing so will be preferable to taking no action at all.
As many of you know, this administration has taken unprecedented
steps regarding NASA that has resulted in massive layoffs and created a
great deal of uncertainty within the agency and in many of our
communities. Without congressional approval or authorization, they have
reversed the direction given by the two preceding Congresses and
proposed throwing away over $10 billion and 5 years of design
investment on the successor vehicle to the shuttle. The administration
offered instead no substantive plans to provide a U.S.-built launch
system that would be capable of taking astronauts to the international
space station and put off even planning to go beyond the international
space station until the year 2015. In short, the administration's
proposal would have added several years of development and unknown cost
before the U.S. would be able to fly astronauts on a new NASA launch
system. We find this unacceptable.
The bill before us today seeks to remedy many of the problems created
by this administration. It authorizes the immediate development on a
heavy lift launch vehicle capable of going beyond the ISS. It advances
further development of commercial cargo capabilities to service the
ISS, a development that Congress has supported since the year 2005, and
provides $1.3 billion to begin the development of commercial crew
systems. And through the development of a heavy lift launcher, it
provides a backup system to the ISS in case the commercial providers or
our international partners do not meet stated goals. One thing the
House bill called for was a crew escape launch abort system, and we
will need to exercise extensive oversight of NASA next year to ensure
that such vitally important safety aspects are not overlooked or
neglected by NASA.
It is also important to note that the annual authorizations in this
bill are below the amount authorized for FY 2009 in our last NASA bill.
Given that our Nation is in a tough economic climate, it is important
that we are mindful of our spending.
During hearings this spring before the House Science Committee, three
former Apollo astronauts, three giants--Neil Armstrong, Gene Cernan,
and Tom Stafford--implored Congress to retain American leadership in
space by maintaining continuity and certainty in NASA's role as manager
of our space exploration programs. All three opposed the
administration's efforts, and they are supportive of passing a bill
that advances our Nation forward.
While the bill before us today is far from perfect, it offers clear
direction to

[[Page H7355]]

an agency that is floundering and sets us on the path toward
maintaining America's leadership in space.
I urge a ``yes'' vote on this bill.
I reserve the balance of my time.
Mr. GORDON of Tennessee. I yield 2 minutes to the gentlelady from
Houston, Texas (Ms. Jackson Lee).
Ms. JACKSON LEE of Texas. I thank the chairman very much.
I served 12 years on the Science Committee, and I want to add my
appreciation to Chairman Gordon for his service to the Nation and his
service and his hard work for providing for America's competitive edge,
not only in space but technology. Thank you, Mr. Chairman. Thank you to
the ranking member. Thank you to Ralph Hall for his leadership. Thank
you to the subcommittee chair for her great leadership and friendship
to this agency.
I rise today, as reluctant as my friends on the floor, the chairman
and ranking member, to support this particular bill. But I'm glad to be
able to be here to say to the NASA family that we are saving jobs,
10,000 potentially in the State of Florida, many others in the other
States, and 6,000 in NASA Johnson.
I am delighted to be able to say that this bill, the Senate bill,
though I don't like the process, provides for immediate development to
begin on a heavy lift launch vehicle, stops the termination of
technical workforce and valuable contractor jobs, provides funding to
support the development of commercial crew services, and funds
additional technology development to lower costs of long-term space
exploration.
In addition, NASA Johnson will continue to provide the astronauts for
the space station. We will be looking for the robotic research work
that will address the question of space exploration. We'll also be
doing the work for cargo and crew on the commercial side. And then as
it relates to the issue of minorities, I want to ensure that as we hire
or as we fire, if we have to, that those who are minorities who are
last in are not the first out.
I'm delighted to work with Senators Nelson and John Rockefeller to
save the STEM program and the MUREP program. These cuts are
unacceptable for the Minority University Research and Education and the
STEM program. I'm delighted, however, that we'll be working with
Senator Nelson and Senator Rockefeller to ensure that this program is
included in the America COMPETES reauthorization and the funding for
the STEM program. We have to save jobs in America but we have to stay
at the cutting edge of science, and I believe this bill will help us
make one step.
Mr. Speaker, I rise today in support of S. 3729, the National
Aeronautics and Space Administration Authorization Act of 2010.
Although I share the concerns of some of my House colleagues regarding
the process with which this legislation came to the House from the
Senate, especially those colleagues I served with on the House Science
Committee for 12 years, I nevertheless do support this compromise
legislation as the best way forward to strengthen NASA for the present
and the future. I also believe this legislation will protect American
jobs, drive innovation, and ensure that our Nation's youth are
encouraged to pursue careers in science, exploration, engineering,
technology, and math.
Despite my concerns about the Administration's proposal to eliminate
NASA's Constellation Program, I have concluded that we need to have
this NASA reauthorization legislation in place to avoid a complete
dismantling of the manned space program. Although I advocated strongly
for preserving the Constellation program, it is important to adopt this
compromise in order to save more than 6,000 jobs in Texas and 10,000 in
Florida, which would be in jeopardy without this legislation. This
legislation will speed development of the heavy lift rocket crucial for
reaching beyond low-Earth orbit and essential to keeping Houston's
Johnson Space Center at the heart of future manned space operations.
This compromise would also help bolster small contractors in the
greater Houston area who serve as sub-contractors for the major
aerospace firms involved in NASA contracts.
I have also had extensive discussions with Administrator Bolden who
has communicated NASA's intention to work with the Congress to make the
transition of the Constellation program smooth and effective. NASA and
the space industry are critical to Houston's economic success in both
the short and long term. According to the Bay Area Houston Economic
Partnership, NASA accounts for nearly 16,800 direct federal jobs and
serves as the engine for another 3,100 civilian jobs that together
supply more than $2.5 billion in payroll into Houston's regional
economy. Protecting the Johnson Space Center is of paramount concern to
me, and I will continue to advocate on its behalf.
This bill will authorize NASA appropriations for FY 2011-2013 with
the same top-line budget values as the President's request to Congress.
The bill would grow science, aeronautics, and space technology and
define expanding human presence in space as the goal for human space
flight beyond low-Earth orbit. Key objectives for human space flight
would include full utilization of the International Space Station
(ISS), maximizing the role of space exploration and technology in
current and future missions, advancing knowledge and inspiring young
people into higher education, and building upon international
partnerships.

Initially, I was concerned that the Senate version of the NASA
Authorization Act could have led to cuts in funding for the Minority
University Research and Education (MUREP) and STEM programs. This is
because the legislation increased funding for the NASA Space Grant and
the Experimental Program to Stimulate Competitive Research (EPSCOR)
while keeping the topline authorization for education fixed, which
could have led to other education programs such as MUREP and STEM being
cut to provide for necessary offsets.
However, I have worked with Senator John Rockefeller, Chairman of the
U.S. Senate Committee on Commerce, Science, and Transportation, Senator
Bill Nelson, Chairman of the Subcommittee on Science and Space, and
NASA Administrator Charles Bolden to ensure that funding for MUREP and
STEM will be protected. The Senate is including language in the NASA
title of the America COMPETES Reauthorization ensuring that funding for
STEM programs are preserved and protected. Furthermore, Chairman Nelson
has agreed to work with the Senate Appropriations Committee to ensure
funding for MUREP is continued at existing levels. Administrator Bolden
has also assured me that they will continue their active support of not
just MUREP and STEM programs, but also continue their existing efforts
to increase the participation of minority serving institutions in the
NASA Space Grant and College Fellowship Program as well as the
Experimental Program to Stimulate Competitive Research. These
agreements are crucial to ensuring that minority serving institutions
and minority students are an integral part to NASA's future.
The United States space program has existed for over half a century
and this legislation reaffirms the ever growing and changing role of
NASA, providing resources to carry the agency forward with its
ambitious agenda of research, exploration, and discovery. Mr. Speaker,
today's legislation will allow NASA to continue to push the boundaries
of what is possible, keeping our Nation on the forefront of innovation
and exploration. It is the responsibility of this Congress to ensure
that the future of NASA is one of continued progress. Space exploration
remains a part of our national destiny. It inspires our children to
look to the stars and dream of what they too, one day, may achieve.
Space exploration allows us to push the bounds of our scientific
knowledge, as we carry out research projects not possible within the
constraints of the planet Earth.
Today, NASA is the nations' primary civil space and aeronautics
research and development agency, and its current activities employ over
18,000 Americans. Today's legislation emphasizes the importance of NASA
leadership in a range of endeavors by investing more in NASA; extending
the life of the international space station; launches a commercial
space transportation industry; fosters the development of path-
breaking technologies; helps create thousands of new jobs; and embarks
on a fundamentally more ambitious strategy to expand our frontiers in
space. Passage of this bill represents an important step forward
towards helping NASA achieve key goals that President Obama has laid
out, such as placing the U.S. space program on a more sustainable
trajectory and inspiring a new generation of Americans to pursue
careers in science, technology, engineering, and mathematics. This
important change in direction will not only help NASA chart a new path
in space, but also reshape itself for the industries and jobs of the
future that will be vital for long term economic growth.

As a Nation, we have made tremendous strides forward in the pursuit
of space exploration since President John F. Kennedy set the course for
our nation when on May 25, 1961, President John F. Kennedy proclaimed:
``I believe this Nation should commit itself to achieving the goal,
before this decade is out, of landing a man on the moon and returning
him safely to earth. No single space project in this period will be
more impressive to mankind, or more important for the long-range
exploration of space; and none will be so difficult or expensive to
accomplish.'' Over the next 50 years, NASA has been involved in many
defining events which have shaped the course of

[[Page H7356]]

human history and demonstrated to the world the character of the people
of the United States.
The success of the United States space exploration program in the
20th Century augurs well for its continued leadership in the 21st
Century. This success is largely attributable to the remarkable and
indispensable partnership between the National Aeronautics and Space
Administration and its 10 space and research centers. One of these
important research centers is located in my home city of Houston. The
Johnson Space Center, which manages the development, testing,
production, and delivery of all United States human spacecraft and all
human spacecraft-related functions, is one of the crown jewels of the
Houston area.
Always on the forefront of technological innovation, NASA has been
home to countless ``firsts'' in the field of space exploration. America
has, countless times, proven itself to be a leader in innovation, and
many technologies that have become part of our everyday lives were
developed by NASA scientists. The benefits of NASA's programming and
innovation are felt far beyond scientific and academic spheres. Space
technologies provide practical, tangible benefits to society, and NASA
provides valuable opportunities to businesses in our community.
I urge my colleagues to join me in support of this legislation, and
in support of the future of American innovation, exploration, and jobs.
Mr. HALL of Texas. Mr. Speaker, I yield 5 minutes to the gentleman
from Texas, Congressman Olson, who is the ranking member on the Space
Subcommittee.
Mr. OLSON. I thank my esteemed colleague from Texas.
Mr. Speaker, as we take on great endeavors, it's important to have a
workable plan and to stick to it. Not doing so leads us to uncertainty,
like the uncertainty that has gripped NASA for most of this year.
Nowhere have I felt and seen the effects of this uncertainty more than
when I'm home talking to the men and women of the Johnson Space Center.
It's been especially difficult for these men and women and their
families because their lives and careers have been centered on
uncertainty. They wanted to be part of America's space program, and how
do we reward that commitment? By providing insufficient funds,
constantly changing goals, and second-guessing the past instead of
embracing a clear path to the future.

{time} 2110

Meanwhile, thousands of workers have watched, waited, and most of
all, safely worked throughout the seemingly difficult ups and downs.
The low point in this debate came in February with the release of the
President's budget for NASA. In NASA's history of bold adventures, this
was one of the boldest. Unfortunately, not in a manner that the agency
is used to. The proposal neglected to build on our past, discarded work
of the present, and lacked a vision for our future. The plan was so
bad, so misguided that it did something unheard of in Washington, D.C.:
It united Congress in opposition.
And along these lines, I would like to thank Chairman Gordon and
Ranking Member Hall for the partnership we have forged through these
past several months. It has been an honor to work with each of you.
Our partnership has produced a great piece of legislation, our NASA
authorization bill which passed out of the Science and Technology
Committee in July. I believed then, and frankly believe now, that our
bill was the right approach to sustain a robust exploration program.
But we are running out of time. Let's send a message as a unified
Congress that the proposal the administration submitted in February is
not the direction our country is going to go.
If we fail to pass an authorization bill, we will witness the
continued dismantling of America's human spaceflight infrastructure
with no guarantee that it will be replaced. We will lose our most
precious asset, our people.
This bill contains critical elements for the future: Funding for the
Orion crew capsule; the ability to fly the ``launch on need'' flight of
the space shuttle; extending the international space station through at
least 2020; and a robust technology development program. We also agree
with our Senate colleagues that NASA should focus on the immediate
development of a heavy lift launch vehicle. Our future in space is not,
not in low Earth orbit. We have to go beyond. A heavy lift vehicle will
enable us to achieve the true mission of the agency--to explore.
This bill reaffirms what earlier Congresses have supported,
particularly an increased role for commercial providers to fly cargo
and eventually crew to the international space station. I will be
vigilant in working with my colleagues, the agency, and those in the
private sector who will conduct these cargo and crew flights. We need
them to succeed, but we need to develop standard practices and an
understanding of how a fundamentally different way of doing business
will work. It is just another challenge for NASA, and one I know they
will meet.
I grew up in Clear Lake, Texas, where the men and women who walked on
the Moon, those people, and the people who got them there and back
weren't just my heroes. They were my neighbors. I saw a community and a
Nation unite around a grand goal and accomplish it. Today we take a
step towards restoring the goals worthy of a great Nation. And in doing
so, we are saying to the men and women of NASA currently and those to
come that this Nation still chooses to explore. I ask my colleagues to
support S. 3729.
Mr. GORDON of Tennessee. Mr. Speaker, I yield 1 minute to the
gentleman from Florida (Mr. Meek).
(Mr. MEEK of Florida asked and was given permission to revise and
extend his remarks.)
Mr. MEEK of Florida. Thank you, Mr. Chairman.
I strongly urge all of my colleagues here in a bipartisan way to
support the NASA Authorization Act of 2010. As the chairman mentioned,
there are issues in this authorization bill that could be better. But I
can tell you right now, there are a number of individuals that are
involved in the space industry and also those hardworking men and women
that are working as subcontractors and are looking for some direction
from this Congress.
I want to commend Senator Nelson of Florida for being a leader,
taking the very best of the administration's proposal and putting it in
to work so that we can pass it in time to promote not only commercial
and crew cargo as it relates to space exploration but also save the
Kennedy Space Center and other NASA assets throughout the country. I
think it's important. This makes our country very strong. And if not
now, then when? I stand, Mr. Chairman, in full support of this bill. I
ask all of my colleagues on both sides of the aisle to join me in
making sure that we pass this very important authorization bill.
Americans are counting on our leadership.
Mr. HALL of Texas. Mr. Speaker, I yield 2 minutes to the gentleman
from California, the Honorable Mr. Rohrabacher, a very valuable member
of the Science Committee.
Mr. ROHRABACHER. I rise in support of S. 3729. The NASA authorization
before us is a step in the right direction. It provides for an initial
shift in human spaceflight from being an exclusive endeavor run by and
controlled by bureaucrats or other government employees and moves us
toward entrepreneurial, cost-effective, and commercial-based
alternatives.
This legislation stimulates efforts within the private sector to
develop and demonstrate safe, reliable, less costly, and more capable
space transportation to and from low-Earth orbit. At the same time, it
enables NASA to focus on Discovery and sending humans to explore the
far reaches of the space frontier, and this bill increases NASA
research and technology development. It should be viewed as enabling
legislation because it will enable America in the decades ahead to be
the world's leading space faring nation. To achieve this, NASA must not
just be a government program but also a catalyst for scientific
research, technological development, and the exploration of the solar
system and the universe beyond.
Finally, I would like to take this opportunity to express my
appreciation and, of course, my admiration for Ranking Member Ralph
Hall and, yes, for the great leadership that we have seen in this
endeavor by Chairman Bart Gordon. This bill is a workable compromise
for those of us in the committee who had different views on what
direction America's space program should go. This compromise does
justice to the various opinions from people who are involved in this
policy debate. Of course this is the type of fairness that Chairman
Gordon is known

[[Page H7357]]

for, and thus we have been able to get together and to put forth a
piece of legislation that is the best possible legislation that we
could have actually enacted. That is due to the leadership of Chairman
Gordon, and we thank him for his long career of leadership of this
kind.
Mr. GORDON of Tennessee. Mr. Speaker, I thank my friend from
California. I yield 2 minutes to the gentleman from Houston, Texas (Mr.
Gene Green).
Mr. GENE GREEN of Texas. Mr. Speaker, like my colleagues, both
Republican and Democrat, I oppose the President's budget for NASA. And
I thank Chairman Gordon and Ranking Member Hall and the whole Science
Committee for their hard work to provide a way for NASA to do their job
in space exploration.
Today the House has a profound choice, and the stakes are high for
American-led spaceflight. The House will be voting on the Senate
version of the NASA reauthorization act. This bill, while unperfect, is
critical to the future of our Nation's spaceflight and exploration
program and will greatly benefit our scientific research and
development capabilities.
We share the concerns of some of you who are worried about certain
provisions in this legislation, but I am pleased that this moves NASA
in the correct direction. This is a good bill and could be stronger but
is still a success for those of us who support NASA and understand what
it means for our country, our economy, our national security, and our
ability to maintain our edge in science and technology research and
development. Simply said, if this bill fails today, it will profoundly
undermine our space program. I urge all Members to pass this bill and
commit to working with us and others interested in the future of NASA
to improve this bill in significant ways down the road. If we fail to
pass the bill, not only do we lose that opportunity, but we may lose
the opportunity to keep NASA.

{time} 2120

Mr. HALL of Texas. Mr. Speaker, I yield 1 minute to the gentleman
from Louisiana (Mr. Scalise).
Mr. SCALISE. Mr. Speaker, I rise in support of the NASA
reauthorization bill. Too often people use the term: You know, this
isn't rocket science. Well, in my State of Louisiana, we have got the
Michoud assembly facility, and they do rocket science. And right now
there is tremendous uncertainty over the future of NASA because of the
President's budget, and the fact that it actually cedes responsibility
and our superiority in space exploration. We can't sit by and let that
happen.
With this legislation tonight, we can actually present a clear future
for NASA that involves heavy lift, that involves maintaining the United
States of America's superiority in the space exploration program. And I
don't think any of us can sit by and allow a country like Russia to
take that superiority lead that we currently have today. And if we
don't take action, that is exactly what will happen.
We need to make sure that we not only preserve those jobs that are so
important, but that we also preserve that technological superiority
that America enjoys today and America needs to enjoy in space
exploration for the future. And we can do that tonight with this vote.
Mr. GORDON of Tennessee. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Texas (Ms. Eddie Bernice Johnson), a valued member of
the Science and Technology Committee.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, let me thank our
committee chair and ranking member for handling this bill, and thank
all the staff who put it together and support it.
I rise to support Senate bill 3729, the National Aeronautics and
Space Administration Authorization Act of 2010.
Forty years ago, the United States Apollo program put the first human
on the Moon. Children across the United States watched Neil Armstrong,
an American, speak the words, ``That's one small step for man, one
giant leap for mankind.'' After that moment, there was an outpouring of
interest in science. Children dreamed that one day they too could be
the next man or woman on the Moon.
I would like to see increased investments in these, particularly in
the Minority University Education Research programs, which have been
highly successful. But sometimes we can't get all that we want. This is
that time. But we can continue without stopping.
And now is not the time for us to cede leadership to our
international competitors. The research has been the most successful
research in the history of our country for both commercial products and
medical treatment.
I believe that NASA has a unique ability to touch the imagination of
children like no other Federal agency. When money is short, however, we
must adjust, not stop.
A robust NASA budget should contain concerted efforts toward
inspiring our Nation's future scientists and engineers. A strong NASA
is valuable to the national and Texas economies. Recent census data
indicates that Texas ranks first in high-tech manufacturing and certain
engineering industries. Space flight, aeronautics, and scientific
research and education are top priorities for Texas.
NASA also conducts important educational programs.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. GORDON of Tennessee. I yield the gentlewoman 30 more seconds.
Ms. EDDIE BERNICE JOHNSON of Texas. NASA should be congratulated for
the great research it has supported and the fearless missions carried
out by its astronauts, scientists, and engineers. I support the agency
and am interested to know how Congress can continue to partner with it
for the benefit of the American people.
We cannot let America cede its leadership in human space flight. We
need a strong NASA, and NASA needs an authorization bill. I strongly
encourage my colleagues to support this legislation.
Mr. HALL of Texas. Mr. Speaker, I yield 3 minutes to the gentleman
from Texas (Mr. Culberson).
Mr. CULBERSON. Mr. Speaker, I think it is appropriate here in late
September that we are discussing the future of America's manned space
program, because it was in late September that America's first
explorers, Lewis and Clark, returned from their incredible expedition
to have seen the Pacific Ocean to find that overland route. And when
they returned from that totally unknown country, they lit up the
country, and something that America has always been built on, dreams
and thinking big. It has always been a part of our spirit, our nature
to explore the unknown. And NASA, more than any other function of the
Federal Government, has the ability to inspire people, to encourage
young people to go become scientists and engineers and astronauts.
In fact, today, Mr. Speaker, it was just reported by scientists at
the University of California that they have discovered what appears to
be an Earth-like planet with water in the habitable zone of a star only
20 light years away. But if we do not act, if we do not pass this NASA
authorization bill tonight, the Obama administration will succeed in
shutting down America's manned space program by the end of the year.
And let me make it clear: that is what is really going on here, why all
of us are working together, arm in arm, to save America's manned space
program from being shut down by the Obama administration and the
bureaucrats at NASA.
I asked Administrator Bolden in our subcommittee, Isn't what you are
proposing, to totally privatize NASA? And we are all for partial
privatization to supply fuel, food, et cetera. But to totally privatize
NASA, Mr. Bolden, isn't that like privatizing the Navy?
Imagine if we were to allow the contractor that built a nuclear
submarine or an aircraft carrier: Excuse me, may we please rent the
aircraft carrier so that we can go to the Persian Gulf and defend
America's interests?
What the Obama administration has proposed, and why Congress is
passing this bill tonight, is to stop the administration from shutting
down America's civilian space program, to ensure that we will always
maintain the ability to build rockets in the civilian workforce, which
keeps the cost of rockets for the military considerably less; to
preserve our leadership role in outer space, to maintain that
technological and, frankly, spiritual edge

[[Page H7358]]

America has always had to make dreams come true, to think about the
exploration of the unknown.
NASA is the one entity that can combine the best of Americans, what
makes us great as a Nation, inspiring young people, allowing, making
dreams come true, exploring the unknown with very tangible
technological spinoffs.
If we don't pass this bill tonight, by the end of this year there
will be no more manned space program because the Obama administration
is systematically and aggressively shutting it down.
We all have some disagreement with this bill; we would like to see a
little different bill.
I thank Chairman Gordon and Mr. Hall, for bringing it to the floor.
All of us working together to get it passed tonight will ensure that
America preserves our manned space flight capability, the ability to
build rockets with a tremendous civilian workforce of engineers and
scientists who will all be gone. They will just lose their job, and we
will lose that tremendous edge we have had as a Nation to build rockets
and explore outer space.
Mr. Speaker, I urge all Members to support this vital legislation.
Mr. GORDON of Tennessee. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Florida (Ms. Kosmas).
Ms. KOSMAS. Mr. Speaker, I also would like to thank the chairman and
the ranking member for their leadership on this issue.
Mr. Speaker, tonight we consider legislation of great importance to
Florida's Space Coast and to our Nation, the NASA Authorization Act.
I want to echo the sentiments of my colleagues who have suggested
that the uncertainty surrounding NASA and our manned space exploration
has caused a great deal of anguish and difficult times for my
constituents, literally thousands of individuals, families and
businesses.
This legislation will define NASA's future by building on its past.
The legislation mandates one additional shuttle flight next year, which
will provide additional job stability for thousands of workers and
ensure the long-term viability of the international space station, a
national laboratory, 200 miles above our heads, only now complete after
10 years of construction, which has endless research and education
possibilities.
The bill also directs the development of new NASA-led heavy lift
vehicles utilizing shuttle and constellation work, which will make our
astronauts have the opportunity for even greater exploration to
asteroids and eventually to Mars sooner than the current program. This
exploration mission will drive technological innovation as we strive to
address its challenges, as well as to inspire our students to become
engineers and astronauts. And the bill provides funding to update the
infrastructure at Kennedy Space Center so it will truly be America's
21st-century gateway to space.
Finally, the authorization bill seeds the commercial spaceflight
industry, which includes new entrepreneurial small businesses, along
with the giants of aerospace and decades of experience sending our
astronauts and cargo into space.

{time} 2130

This will provide new job opportunities for our skilled workforce and
options for researchers and tourists to experience spaceflight.
On Friday in my district, about 900 workers will lose their jobs as
the shuttle program begins to wind down. We must do everything that we
can possibly do to preserve this unique workforce, as was referred to
my by colleague earlier.
We cannot afford to lose our technological supremacy because we have
failed to act. Failure is not an option. Please vote ``yes'' on the
bill.
Mr. HALL of Texas. Mr. Speaker, I reserve the balance of my time.
Mr. GORDON of Tennessee. Mr. Speaker, I yield 7 minutes to the chair
of the Space and Aviation Subcommittee, the gentlelady from Arizona
(Ms. Giffords), who has had, very conscientiously, 17 or 18
subcommittee meetings on this subject.
Ms. GIFFORDS. Mr. Speaker, first of all, I would like to recognize
Chairman Gordon for his outstanding leadership chairing our full
committee. We are going to miss you, Mr. Chairman. It has been an
outstanding experience for me the last couple of terms. And as well, to
Ranking Member Hall and Ranking Member Olson for their leadership.
Mr. Speaker, I rise today in strong opposition to S. 3729, the
Senate's NASA authorization bill.
As chair of the House Space and Aeronautics Subcommittee, and along
with the other members of the subcommittee and full committee, we care
deeply about the future of NASA and the future of our Nation's civil
space program. NASA defines us as a Nation, who we are--our defense,
our innovation, our inspiration, our ability to explore. We care deeply
about the role that Congress needs to play to ensure that NASA will
embark on an executable and a sustainable path for the future.
In contrast to supporters of the Senate bill who will say that today
they reluctantly support the Senate bill because it is better than
doing nothing, I have no reluctance in telling you that this is a bad
bill. It will do damage to NASA if enacted, and it should be voted down
tonight.
Now, I know that Members have a lot of different issues on their
minds today. Certainly most Members didn't even know that a NASA
authorization bill was coming up for a vote today. So for Members who
are making up their minds on whether to support this bill today, I
would like to offer a couple of reasons why you should oppose it.
If you are a member of the Blue Dog Coalition or a member of the
Republican Study Committee, you should oppose this bill because it
lacks serious budgetary discipline. To be specific, the bill contains
an unfunded mandate to keep the shuttle program going through all of
fiscal year 2011, even after the shuttle is retired, which, by NASA
estimates, will cost NASA more than one-half billion dollars for 2011,
and it doesn't have that money. It will bust the budget for the shuttle
and jeopardize NASA's other important science, aeronautics, and
technology programs.
It also contains a rocket designed not by our best engineers but by
our colleagues over on the Senate side. By NASA's own internal
analysis, they estimate this rocket will cost billions more than the
Senate provides.
And, finally, if you are a Blue Dog or a member of the Republican
Study Committee, or any Member of Congress, you should strenuously
oppose a $58 billion funding bill that is being brought up on the last
day before adjourning with no House input on its creation and no
opportunity for amendment by Members of the House. This is not the
functioning bicameral legislature that our Founding Fathers fought to
create.
Next, if you are a Member who cares deeply about STEM education or
minority education programs, you need to know that this bill is written
in a certain way that NASA's STEM education programs and Minority
University Research and Education programs will be cut in excess of 30
percent.
What does this mean? Well, it means if you represent a Historically
Black College or University or Hispanic-serving institution, a tribal
college, this sort of institution, you will be affected by these cuts.
In addition, if you care about the future of NASA's human spaceflight
program, you should oppose this bill. As I mentioned earlier, this bill
contains provisions that will force NASA to build a rocket designed by
Senators and not by engineers. Contrary to assertions that this bill's
supporters talk about, this rocket will be too large to economically
serve as a backup commercial crew transport to the space station. It
may also prove to be too small to effectively undertake human missions
beyond low-Earth orbit. Not only do NASA's own internal studies
indicate that it will cost significantly more than the Senate is
budgeting, but they also estimate that it will become operational years
later than the Senate plan assumes.
So we are looking at this gap and, in short, the Senate bill forces
NASA to build a rocket that doesn't meet its needs, with a budget that
is not adequate to do the job, and on a schedule that NASA's own
analyses says is unrealistic. That is not my idea of the executable and
sustainable human spaceflight program that we all desire.
And, finally, if you care about corporate responsibility, if you care
about safety, and if you want to prevent us

[[Page H7359]]

from being in the position a few years down the road of having to
choose between sending more money to Russia or bailing out the would-be
commercial crew and cargo providers who fail to perform in budget and
on schedule, you should oppose this Senate NASA bill. The Senate bill
gives an additional $1.6 billion to would-be commercial cargo and crew
transport companies who have yet to demonstrate that they can do
either. There is no obligation that these commercial companies put any
``skin in the game'' of their own, and the safety requirements on their
rockets are vague at best.
Since the Senate bill provides no credible government backup
capability to the would-be commercial providers, approving the Senate
bill today would inevitably put NASA in the position of relying on
these companies that will become too big to fail. The American
taxpayers will then have to bear the responsibility and the burden of
bad public policy if we vote on this bill tonight. I think that the
public deserves better.
Now, I know that in the Senate there is a lot of debate, and some
Members will fall back on the argument that they have to approve this
tonight before the end of the fiscal year because the contractors are
facing layoffs. And no one has more sympathy than members of our
subcommittee about the workforce, but the reality is different. It is
different than the rhetoric.
Aerospace jobs are tied to funding, and funding for NASA for the
balance of this calendar year will be set by the continuing resolution
that we will be voting on tonight, not this authorization bill. Funding
for the remainder of fiscal year 2011 will be determined by the
appropriations bill that we enact after we return for a lame duck
session, not by this authorization.
The bill before us today cannot change the fact that the funding
level for NASA's workforce, and any layoff that will result from that
funding level, will be the result of the continuing resolution and
subsequent appropriation bills and not this authorization. So Members
should not be fooled by this red herring argument. The truth is that
you will not be doing anything to stop layoffs tonight by voting for
the Senate bill today.
Does the aerospace industry need certainty? Absolutely. But they need
certainty in an executable and affordable program that the Senate bill
does not provide.
Could the problems with the Senate bill be fixed? Of course they
could. But that is what the legislative process is about, not under
suspension of the rules with no amendments allowed.
The fact of the matter is that there was a compromise NASA
Authorization Act of 2010 that Science and Technology Chairman Bart
Gordon proposed and is the direct result of lengthy discussions with
the Senate and the House Members. Of course, that isn't perfect, and no
bill is, but flaws can be fixed by discussion between the Chambers. But
if you vote tonight positively on this Senate bill, the democratic
process that has been the cornerstone of our democracy will be
undermined and that will not occur.
So let's take the time to get this job done, and done the right way.
Let's vote down the Senate bill tonight so we can work with Chairman
Gordon, Ranking Member Hall, and the Senate on a compromise bill so
that we can have a responsible NASA bill that can be acted upon when we
return for the lame duck session.
In closing, if you care about budgetary discipline, protecting STEM
education, minority education programs, if you care about NASA's human
spaceflight program, you should vote ``no'' on the Senate authorization
bill.
Mr. HALL of Texas. Mr. Speaker, I yield 1 minute to the gentleman
from Texas (Mr. Culberson).
Mr. CULBERSON. Mr. Speaker, if I could just very briefly point out to
remind the Members and the people here that if we don't pass this bill
tonight, there is no more manned space program.
The administration is pursuing a policy of aggressively and rapidly
shutting down America's manned space program by bureaucratic order, by
Executive order. It is all being done right now as we speak. If we
don't pass this bill, there will not be another one by the end of the
year, and by the end of the year there will be no more manned space
program.
So any differences or concerns we have with this bill--and we all
have concerns with it--can be fixed next year in the process. But it is
essential to supersede by Federal statute, which we will pass tonight,
and we will stop the Obama administration cold. We will stop them from
shutting down America's manned space program so we have a program for
our kids in the future.
Ms. JACKSON LEE of Texas. Will the gentleman yield?
Mr. CULBERSON. I yield to the gentlewoman from Texas.
Ms. JACKSON LEE of Texas. Minority institutions and the STEM program
are also to be protected, as we come back and we are able to work with
the appropriations process and work with the Senate on protecting these
programs that are very important to Historically Black Colleges.
Mr. CULBERSON. Absolutely. All the concerns that have been raised can
all be solved through the legislative process and appropriations. We
will take care of them.

{time} 2140

Mr. GORDON of Tennessee. Mr. Speaker, I yield the balance of my time
to the gentleman from California (Mr. Schiff).
The SPEAKER pro tempore. The gentleman is recognized for 1 minute.
Mr. SCHIFF. Mr. Speaker, I rise in support of the NASA Authorization
Act to provide direction and stability for our Nation's space program.
Tens of thousands of aerospace workers in communities across the
country are looking to Congress to set a sustainable path for human
spaceflight that will minimize the spaceflight gap and ensure that NASA
is able to accomplish its mission of human exploration into the solar
system.
This bill fully funds NASA's science mission to continue Earth-
observing satellites, Mars rovers, space telescopes and other missions
that provide valuable insight into our planet, our solar system and our
universe.
It also revitalizes NASA's dormant Technology Development Program,
which will provide the tools needed to push human and robotic
exploration to new heights and destinations. It authorizes an evolvable
NASA launch vehicle. It also provides for an additional shuttle flight
in bringing vital tools and supplies to the space station.
I want to express my sincere appreciation to our chairman for his
extraordinary leadership for many years and his unwavering support of
NASA, and urge my colleagues to support the bill.
Mr. HALL of Texas. I yield 1 minute to the gentleman from Houston,
Texas (Mr. Al Green).
Mr. AL GREEN of Texas. Mr. Speaker, I thank Mr. Hall, the ranking
member on the Science Committee, for allowing me this 1 minute. I also
would like to thank the chairperson, Mr. Gordon, for his outstanding
years of service and commitment.
This bill is about science, it is about technology, it is about
education, but it is also about jobs, and it is about jobs at a time of
high unemployment. It is about jobs and families that will benefit from
having stability within the family unit.
I concede that there is more that I would like to see in the bill,
but I am in a position where I must now stand for what is obtainable,
and we need to go after the jobs in this bill.
I am begging my colleagues to please understand that in this time of
high unemployment, let's keep Americans working. Let's make sure that
every family has an opportunity to have a breadwinner. Let's vote for
this bill, and let's improve upon it with other legislation that may
follow.
Mr. HALL of Texas. Mr. Speaker, I yield 1 minute to the gentleman
from Florida (Mr. Posey).
Mr. POSEY. Mr. Speaker, certainly no one in this Chamber wants to
yield the military high ground to countries that are not friendly to
us, and without the passage of this legislation, unfortunately, we will
do that.
The legislation before us asks NASA to do too much with too little.
There is something in here for everybody to hate, sure enough, but
there is no other alternative. If we at least pass this legislation, we
will keep the dream alive through the first of the year, and hopefully
through the appropriations process we can move this country back on

[[Page H7360]]

the right path to maintaining the economic and national militaristic
security that is necessary for this generation and for future
generations to prosper.
Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I have.
Mr. Speaker, with my appreciation to Ms. Giffords and the chairman
and everybody here that has spoken, I just want to sum it up real
quickly.
The Senate bill being considered today is an attempt to provide
congressional direction to a floundering agency. We simply can't let
anybody continue to shut down our human spaceflight program.
Failure to reauthorize NASA provides further uncertainty to an agency
in limbo, stalling efforts to develop a successor vehicle once the
shuttle is retired next year, and could result in the loss of thousands
of high-tech jobs nationwide.
I could vote for either of these bills. I am not in love with either
of these bills. I feel like the coach's wife who was crying. He came
home. He said, ``What's wrong, honey?'' She said, ``You like football
better than you do me.'' And he said, ``Yeah, but I like you better
than I do basketball.''
I am that way with these two programs. I like both of them, either
one of them. But we have to have one go, and I urge the acceptance of
this bill today and passage of S. 3729.
Mr. KUCINICH. Mr. Speaker, I rise in opposition to the National
Aeronautics and Space Administration (NASA) Authorization Act of 2010.
As a stalwart supporter of NASA and with the privilege of representing
the world-class workers at the NASA Glenn Research Center (NASA Glenn),
I strongly support the vital workforce protections included in the
Senate bill. My opposition to this legislation stems from my concern
for the NASA's long-term health. I am concerned that the language in
the underlying bill sends the agency on a path toward privatization,
and privatization undermines the agency and its workers.
I unequivocally support language in the underlying bill that provides
NASA's unparalleled civil-servants with three years of protection from
layoffs under a Reductions-In-Force (RIF) moratorium. For years, NASA
employees have been caught in the cross-hairs of repeated program
reorganizations and major cuts in in-house R&D funding--and they have
paid for it with job loss and insecurity. The compromise language
proposed by Chairman Gordon does not have the RIF moratorium I wanted.
But it does include a RIF moratorium for a year and a half. Chairman
Gordon was making progress toward a viable alternative and I believe
that provisions in this bill under consideration today leave NASA
employees vulnerable in the long-term and could force the agency to
continue down the unsustainable path it currently finds itself on.
NASA research centers such as NASA Glenn--and the agency as a whole--
will benefit more from increased investments in Solar-Electric
Propulsion, High Efficiency Space Power Systems, Green Aviation and
Cryogenic Propellant Storage and Transfer within the Aeronautics, Space
Technology and Exploration programs. These programs are critical in the
development of next generation technologies to support future key NASA
missions over the next decade. These programs need to be funded. And
they are often the first to be cut. In fact, this legislation includes
a $500 million unfunded mandate to extend Shuttle operations through
Fiscal Year 2011, which means that Shuttle funding will have to come
from somewhere else within NASA.
The NASA Authorization Act of 2010 privatizes two key functions for
NASA; transporting crew and cargo to the International Space Station
(ISS). Commercial providers have been given the opportunity to provide
cargo to the space station and, according to Government Accountability
Office (GAO), they have failed to meet the required safety benchmarks.
The GAO also raises serious concerns about the lack of expertise at the
Federal Aviation Administration to oversee the commercial space launch
industry. This bill not only furthers the outsourcing of cargo
transportation, but expands it to include transporting crew.
The results of privatizing government services frequently follow a
pattern in which a company assumes control of a service from the
government by promising lower costs. After winning the contract, the
company requests more funding to do the job, and then attempts to save
its own money by cutting corners through cuts in pay, benefits and
safety. Our astronauts deserve better than to have their lives put at
risk.
Further, if the services are privatized, those competencies among the
expert staff at NASA would be effectively irreversible because it would
take so much time to rebuild them. We must preserve and leverage
ongoing technical work on Service Module for human spaceflight beyond
Low Earth Orbit. This work will be critical to maintaining jobs and
core-intellectual competencies embodied within the agency.
This legislation also fails to provide the agency with the option of
a government-vehicle back-up should the commercial sector be unable to
satisfactorily provide the services for which they were hired. The
Augustine Commission--the Commission President Obama tasked with
reviewing future human space flight plans--believed it would be too
risky to rely solely on the commercial sector and suggested including a
government back-up option.
Providing more money to the commercial sector without the necessary
safety and regulatory safeguards could come at the expense of other in-
house, long-lead research and development programs.
I cannot support legislation that provides the government with no
other option than to rely exclusively on the commercial sector. I will
continue to work with appropriators to preserve and protect civil
servant jobs at NASA and I urge my colleagues to oppose this bill.
Mr. DeFAZIO. Mr. Speaker, today, I voted against S. 3729, the NASA
Reauthorization Act because it will ultimately add $230 billion to our
deficit to under the ruse that we must land a man on Mars.
In 2004, President Bush announced his Mission to Mars initiative,
with a goal of manned space flight to the moon and then to Mars. What
President Bush didn't reveal was the future costs of Mission to Mars
that would swell to astronomic levels and create further havoc with the
federal budget.
With our economy still in a ditch and our national debt having
doubled in the last 8 years, the United States cannot afford to begin a
new space cowboy adventure. It is only reasonable that we reassess our
budget priorities, just as millions of struggling Americans are
reassessing theirs. Tough choices must be made, and manned space
expeditions are not worth expanded deficit spending.
A 2008 report from the Government Accountability Office reported that
NASA has estimated the total cost of the planned Mission to Mars, will
have a final cost of over $230 billion. That is not affordable in even
the best of economic times.
In response to this breathtaking cost estimate, I attached an
amendment to the 2008 NASA Reauthorization directing the Congressional
Budget Office to update its budgetary analysis on NASA's near term
exploration plans for the moon.
CBO reported that the average NASA program experiences a 50% cost
growth over initial budget estimates, with some programs experiencing a
final cost of almost 250% over initial estimates. It goes on to state
that in order for NASA to meet its current schedule to get to the moon,
it would have t spend $110 billion through 2020.
Americans need to know that in these uncertain times we are doing
everything we can to restore fiscal discipline and put our economy back
on track. We've been to the moon, and we do not need to spend $110
billion to go there again. We certainly can't afford the $230 billion
to go to Mars.
S. 3729, continues the costly Constellation program and specifically
insists on the development of heavy-lift rockets. This bill keeps alive
a program that should be eliminated.
Ms. CORRINE BROWN of Florida. Mr. Speaker, I rise today to support
our national space industry. This industry is now facing a crisis
point.
S. 3729, the NASA Authorization Act, gives NASA direction so the
agency, contractors, and employees can plan for the future.
This bill will give NASA direction for foreseeable future. I am
pleased that the ability to excite students and inspire our nation's
youth to enter careers in STEM will continue. Being an astronaut or a
rocket scientist are some the most exciting job descriptions one can
have. This bill allows children to dream of becoming one of them again.
The bill contains an extra $50 million for the Space Technology
Program led by NASA's new Chief Technology Officer, Bobby Braun, to
include hundreds of scholarships allowing students to study math,
science, and engineering. Minority education funding has been stable
and this bill calls for the continuation of these programs. NASA and
Administrator Bolden continue to actively support these programs and
the Administration will work to ensure future funding is consistent
with the President's request.
In addition this bill keeps shuttle employees and contractors in
place for a while longer, sustains exploration funding. The country
gains from launches and this bill continues those. This bill provides
funding to upgrade critical infrastructure at Kennedy Space Center for
the future of the space industry. Also, the bill extends the life of
the International Space Station. The science we have received from the
International Space Station is invaluable and this bill continues that
project.
We need to pass this bill now. Science and space exploration wait for
no one, not even

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politicians. We cannot let the perfect be the enemy of the good.
NASA serves a vital role in our economy and education system.
Therefore, please join me in voting Yes on S. 3729.
Mr. HALL of Texas. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Gordon) that the House suspend the rules
and pass the bill, S. 3729.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. GIFFORDS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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